Alison E. Glassie v. Paul Doucette, in his capacity as of the Estate of Donelson C. Glassie, Jr.
157 A.3d 1092
| R.I. | 2017Background
- Donelson and Marcia Glassie’s 1993 property settlement required Donelson to create and fund a trust for their daughter Jacquelin, contributing $10,000 yearly until that trust equaled trusts already created for her sisters.
- Donelson created the Jacquelin Caffrey Glassie Trust II in August 1993; the trust document does not expressly state it was created pursuant to the property settlement. Contributions included cash and transfers of securities; total contributions at Donelson’s death were alleged to be insufficient.
- After Donelson died in 2011, Jacquelin filed a claim against his estate for breach of the property settlement for underfunding the trust; the Probate Court referred the matter to Superior Court.
- Jacquelin died while the Superior Court action was pending; her sister Alison (as executrix of Jacquelin’s estate) substituted as plaintiff and pursued breach of contract as a third-party beneficiary of the property settlement.
- The Superior Court granted summary judgment for the executor of Donelson’s estate, ruling that trust law governs and that only the trustee (not a trust beneficiary or the beneficiary’s estate) generally has standing to sue on behalf of the trust; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does contract law / third‑party‑beneficiary doctrine give Alison (as Jacquelin’s executrix) standing to sue the estate for underfunding? | Alison: Jacquelin was an intended third‑party beneficiary of the property settlement and can enforce the contractual funding obligation. | Doucette: Once Donelson created the trust, the obligation became a trust matter; only the trustee has standing to enforce trust funding. | Held: No; trust law governs after the trust’s creation and only the trustee (except in limited circumstances) has standing to sue on behalf of trust beneficiaries. |
| Did Jacquelin’s death extinguish the claim or affect standing? | Alison: Jacquelin’s right to redress survived her death and her executrix can pursue it. | Doucette: The trust terminated at Jacquelin’s death per its terms; any trustee claim may be extinguished. | Held: Court did not decide survival issue because plaintiff lacked standing under trust law; trustee is proper party. |
| Could the complaint be amended to substitute the trustee as plaintiff? | Alison: Trial court abused discretion by denying leave to amend/substitute trustee. | Doucette: The trustee must decide whether to bring a claim; substitution is not automatic. | Held: Issue waived on appeal — the record did not preserve a proper motion to amend; court declined to reach merits. |
| Which body of law determines standing to enforce a promise made to fund a trust created to satisfy a contract obligation? | Alison: Contract law controls because the trust did not exist when the settlement was signed. | Doucette: Trust law controls once the trust was created and the beneficiary’s rights must be enforced under trust law. | Held: Trust law controls after creation; beneficiaries generally lack standing to sue third parties on behalf of the trust. |
Key Cases Cited
- Sola v. Leighton, 45 A.3d 502 (R.I. 2012) (summary judgment reviewed de novo)
- Davis v. New England Pest Control Co., 576 A.2d 1240 (R.I. 1990) (third‑party beneficiary may enforce contract made for their benefit)
- Cathay Cathay, Inc. v. Vindalu, LLC, 962 A.2d 740 (R.I. 2009) (discussing intended third‑party beneficiaries and Restatement §302)
- Curato v. Brain, 715 A.2d 631 (R.I. 1998) (children are third‑party beneficiaries of parents’ property settlement)