State ex rel. Working v. Costa

OPINION

W. FRANK CRAWFORD, P.J., W.S.,

delivered the opinion of the court,

in which DAVID R. FARMER, J. and HOLLY M. KIRBY, J., joined.

This case involves the determination under pre-existing law of the proper method for transferring the situs of a trust from this state to another state or location. The trial court held that the transfer must be made with court approval pursuant to the provisions of T.C.A. § 35-1-122 which was repealed in 2004. The trustees of the trust, without court approval, transferred *760the situs of the trust to the State of Mississippi in 1999. The trial court also held that…