Bellezzo

FACTS

Background In April 1995, Edward Bellezzo (Father) and Nancy Bellezzo (Mother) executed an amended and restated declaration of trust (Trust). The Trust provided that upon the death of one spouse, the original trust‘s assets were to be allocated into two trusts: an irrevocable exemption trust for federal income tax purposes and a survivor‘s trust.1 (Articles Sixth, Seventh, and Eighth.) The Trust provided that the surviving spouse reserved the ―absolute power‖ to amend, revoke or terminate the survivor‘s trust. (Article Third.) The Trust provided that, following the surviving spouse‘s death, the balance of the exemption trust and the survivor‘s trust was to be distributed equally to Father and Mother‘s sons, Edward Bellezzo and Donald Bellezzo. (Article Ninth.) The Trust included a ―no contest‖ clause (Article Eighteenth) which reads as follows: ―In the event any beneficiary under this trust shall singly or in conjunction with any other person contest in any court the validity of this trust or the provisions of any deceased Settlor‘s last will (whether or not pertaining to this trust) or shall seek to obtain an adjudication in any proceeding in any court that this trust, or…