Cable v. Wells Fargo Bank New Mexico, N.A.

OPINION

ROBINSON, Judge.

{1} This case requires us to determine whether two Grantors of a Trust intended to allow the surviving Grantor to amend the terms of the Trust after the death of the other Grantor. We conclude that the power to amend should be implied based on the Trust provision which gives the surviving Grantor an unrestricted right to withdraw all assets from the Trust estate. We, therefore, affirm the district court.

I. BACKGROUND

{2} Lowell and Martha Cable, husband and wife, executed the Cable Family Trust (Trust) in 1987, naming themselves as co-trustees. That same year, they…