Schwan
Schwan v. Permann
Opinion
Lead Opinion
Margulies, J.
*681 This is the second appeal arising out of a dispute between various beneficiaries of The Walter C. Permann Separate Property Trust (Trust). Pursuant to the express terms of the Trust, Donna Schwan, Eileen Ostrosky, and Alexis Johnson (collectively, plaintiffs) are entitled to certain proceeds from the Trust if they are employed by Control Master Products, Inc. (Control Master Products or company) at the death of Walter C. Permann, the owner, and his spouse, Verla D. Permann.
Following a bench trial, the probate court excused Schwan's and Johnson's noncompliance with the employment condition because the assets of the *682 company were sold in 2008, rendering satisfaction of the condition impossible. However, the court did not excuse Ostrosky's noncompliance because she retired prior to the sale of the company. The court also held the *431 bequests to Walter C. Youngman, Jr., Walter's longtime friend and tax attorney, and his family were void. Three appeals were subsequently filed. 2 First, Louise K. Morris, another Trust beneficiary, appealed from the court's ruling upholding the bequests to Schwan and Johnson. Second, Ostrosky appealed from the adverse determination…