Smith v. Kirkland

Opinion

TOOMEY, Judge:

¶ 1 The Beneficiaries of the Terrestrial Kingdom of God Trust appeal the orders of the district court granting summary judgment in favor of Penn Smith and Valden Cram. We affirm in part and reverse in part.

BACKGROUND

¶ 2 Steven E. Kirkland (the Trustor) created the Terrestrial Kingdom of God Trust (the Trust) in 1993 and named several relatives as Beneficiaries.

¶3 The Trustor appointed Valden Cram and Penn Smith as two of the original Trustees in 1993. The Trust required the Trustor to “prepare and deliver” Lease and Stewardship Agreements, signed by the Trustor and the…