American National Bank Of Cheyenne v. Miller

899 P.2d 1337 (1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D is the Trustee of the Evelyn S. Plummer Trust. Evelyn had one child, Vivian Miller. Vivian married Grant and had three children, Davin, Hickey, and Miller, Jr. The Trustee was directed to support Evelyn during her lifetime, and pay her debts and expenses upon her death. It was then to pay $200.00 per month to Vivian and Grant or the survivor of them, and to assist with educational expenses of their children (Davin, Hickey and Miller, Jr.). After the death of both Vivian and Grant, the trust was to divide the estate into 'as many equal shares as there are then living children' of Vivian and Grant. Those shares are to be distributed: 20% to each child at age 23 or college graduation, whichever is earlier; 20% to each child at age 28; 20% to each child at age 35. When the last of the 20% payments to the grandchildren has been made, to distribute all the balance of the trust estate to the Chiles P. Plummer and Evelyn S. Plummer scholarship fund at the University of Wyoming. Evelyn and Vivian died, and Grant relinquished and assigned his interests in the $200.00 per month payments to Davin, Hickey and Miller, Jr. Those individuals are all over 35 years of age. Everyone but the trustee consented to the termination of the trust. Ps sued for declaratory relief. The district court terminated the trust. D appealed.