In Re the Trust Estate of Rivas

The opinion of the court was delivered by

Herd, J.:

This is an appeal from the trial court’s order terminating a trust and ordering distribution of the trust property.

Richard Joseph Rivas (Richard) was originally married to Joan Rivas. Joan had a daughter, Sandra Hill, by a previous marriage. During their marriage Richard and Joan had a son, Richard Michael Rivas (Michael). Richard and Joan were subsequently divorced and a property settlement agreement was entered into on July 14,1964. In paragraph 4 of the agreement Richard agreed to provide seven years of post-secondary education for Michael.…