Adams v. John & Helen Murphey Foundation

OPINION

LACAGNINA, Presiding Judge.

In this appeal, we affirm the judgment of the trial court granting partial summary judgment in favor of the trustees and the John and Helen Murphey Foundation based upon its finding, as a matter of law, that the trust indenture dated January 12,1959, as amended on July 6, 1973, did not permit Helen Murphey to delegate her personal power to amend or revoke the trust. Sum*444mary judgment was proper because the trial court’s finding is supported by the uncontradicted express language of article one, part D, of the amended trust indenture, which states that “[t]he…