Peek V. Simmons First National Bank

This case presents the classic dispute between a settlor’s express intent and the trustee’s practical difficulty in complying with that intent. The majority has opted in favor of discarding the settlor’s intent for a more pragmatic result due to the difficulty in carving out one-quarter of the Payne estate for the appellant. I would give credence to the settlor’s directions and reverse the probate court’s decision relating to distribution of the trust estate.

The Payne will is clear. W.I. Payne set up a testamentary trust for the residue of his estate and, as is standard, gave his trustees…