This section contains the nature of the case and procedural background.

Settlor created a trust which she funded with certain property she owned at the time. She reserved the right to add and withdraw property from the trust. At the time, she created the trust, Settlor owned an apartment building, which, according to the trust instrument was to be conveyed to Wasserman (P) upon her death. However, Settlor never conveyed the apartment building into the trust, and she sold it prior to her death. The lower court granted the trustee's (D) motion to dismiss. P appealed, claiming that the lower court's refusal to consider Settlor's intent with regard to the gift when she sold the property was in error.

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