Carrano

This matter stems from a dispute over whether a child bom out of wedlock is a beneficiary of his biological grandparents’ tmst. The trial court found the tmst instrument ambiguous and that his grandparents did not intend for him to be a beneficiary under their tmst. We reverse because we find the terms of the tmst are unambiguous and remand with instructions.

FACTS

The facts in this matter are generally undisputed and taken from a joint trial statement submitted to the trial court below. Charles and Serena Papaz created the Papaz Family Trust on August 2, 1966. Charles and Serena had one child, Christopher.* Christopher fathered three children out of wedlock: Jonathan Carrano, Christopher Brewington and Robert Goerss. Only Jonathan’s status is the subject of this appeal.

1. Christopher Fathers a Child out of Wedlock

Christopher met Jonathan’s mother, Kathy Carrano, when he was shot in the leg in 1984. She was Christopher’s physical therapist while he was in the hospital and she continued to care for him during his recovery at his parents’ home. One night, Christopher gave Kathy a drag and had sex with her without her knowledge. Jonathan was conceived that night. Kathy…