Uchtorff v. Hanson

693 N.W.2d 790 (2005)

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

Alfred died in 1979. Alfred's will exercised his power of appointment over 'Trust A,' a trust fund his father established. Item VI provided: I appoint [the trust fund] property to [a bank] and to my wife Pearl E. Uchtorff, in trust, nevertheless, and to hold as a trust fund for the following uses and purposes, to wit: 1. During the lifetime of my wife Pearl E. Uchtorff . . . the trustees shall pay to her . . . the net income from the trust fund. 3. The provisions of this subdivision 3 shall be effective in any of the following stated events: (i) the event of the death of my said wife before my death; (ii) the event of remarriage of my said wife after my death without renunciation by her; (iii) the event of the death of my said wife after my death, without renunciation by her and without remarriage by her; or (iv) the event of incompleteness or insufficiency or failure for any reason of the appointment hereinbefore made for the benefit of my said wife. (a) In the event that my son, Richard E. Uchtorff shall survive me, I appoint the [trust fund] to the said Richard E. Uchtorff, as an indefeasibly vested interest in fee. (b) In the event that my son, Richard E. Uchtorff shall not survive me, I appoint the same to [a bank], and to Carolyn Uchtorff, . . ., in trust nevertheless and to hold as a trust fund for [a class composed of the representative issue of the marriage of Richard and Carolyn, subject to divestment under certain circumstances. Alfred was survived by Pearl Uchtorff, and their son Richard. Richard was married to Carolyn and had three children, Sally Hanson, Taylor Armstrong-Lucas, and Julie Kurt ('the children'). Richard and Carolyn divorced, and Richard later married Christa. Richard died in 1988. Richard disinherited his three children and left everything to Christa. Pearl lived until 2003. She never renunciated her beneficiary interest in the trust fund, nor did she ever remarry. Today the trust fund contains hundreds of thousands of dollars.