Chipman v. Spitznagel

Plaintiffs, the only grandchildren of the trustor, appeal a judgment that defendants, the three surviving children of the trustor, are the sole beneficiaries of a trust. We affirm.

Plaintiffs’ mother, a child of the trustor, died in 1969. On November 13, 1980, the trustor and defendants, as co-trustees, executed the trust agreement and created the trust. The trustor died in 1981. Article III of the trust agreement provides that the trustee shall distribute the income or principal, as the trustor directs, to him during his lifetime. Article VI, entitled “Distributions Upon Death of Trustor,”…