Legal Opinion
Massachusetts Co. Inc. v. Evans
Colorado Court of Appeals
Decided February 22, 1996No. 94CA2042PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Judge ROTHENBERG.
Carl Evans, executor of the estate of Della B. Woodbury, appeals the order of the district court directing that he distribute the remaining assets of the Della B. Woodbury Trust (the trust) to Woodbury’s heirs. The sole issue is whether a provision in the trust instrument that “the principal shall be distributed to the executors or administrators of the Donor” entitles Evans to receive the trust assets personally, or only as a fiduciary of the estate. Because we conclude the distribution is to be made to Evans as a fiduciary, we affirm.
Woodbury died in 1979 leaving…
2Cases cited3 opinions
- Meier v. Denver United States National BankSupreme Court of Colorado · 1967
- Thomas v. AndersonCourt of Appeals for the Eighth Circuit · 1917
- Slavik v. Estate of SlavikCourt of Appeals of Arkansas · 1994
3Cited by4 opinions
- In RE ESTATE OF McCREATHColorado Court of Appeals · 2009
- Estate of Walter v. WalterColorado Court of Appeals · 2003
- C Bar H, Inc. v. Board of Health in & for Jefferson CountyColorado Court of Appeals · 2002
- Lumbert v. Estate of CarterDistrict Court of Appeal of Florida · 2004