Scalfaro v. Rudloff

DISSENTING OPINION BY

KELLY, J.:

¶ 11 respectfully depart from the majority’s disposition because I do not agree that the trustees possessed the power to revoke the trust. I believe a trustee’s *911power to revoke a trust must be explicitly granted by the trust document’s language, and any doubt as to whom the trust document grants the power to revoke should be resolved in favor of the settlors. I also believe a joint right of revocation in set-tlors does not pass upon death of a settlor to the surviving settlor, and thus the trust becomes irrevocable. Hence, I dissent.

¶ 2 I reiterate the facts…