Estate of O'Brien

In Estate of O'Brien, 165 Misc.2d 459, 627 N.Y.S.2d 544 (Surr,Ct., Rensselaer County 1995) the trust instrument, naming a charity as beneficiary, had been acknowledged, although defectively. The Court relied upon the public policy in favor of upholding gifts to charity, the fact that the signatures were notarized, and the settlor's history of donating to the particular charity, in finding that there were sufficient indicators of authenticity to uphold the trust.