Martin v. Martin

Benham, Justice.

This appeal concerns a dispute over a trust in a will. Appellee Linda Faye Armstrong Martin’s deceased husband’s will established a “Residence Trust,” the assets of which consisted of the marital residence and a bank account. The trust bank account was to provide funds for expenses and maintenance of the residence, as well as provide payment for the trustee’s services; however, the trust bank account had been depleted prior to Mr. Martin’s death.

Because of the lack of funds in the bank account, the initial trustee designated by the will refused to serve for fear of the…