Estate of Rozell v. Betty Rozell Revocable Trust
Court of Civil Appeals of Oklahoma
1DissentBuettner, P.J.
113 The majority's holding, that a gift in trust vested at the time of the trustor's death and could not lapse when the beneficiary died before the distribution date, is incorrect pur*503suant to Oklahoma law and the unambiguous intent shown in the trust document.
14 In her revocable inter vivos trust, the trustor expressed her intent that her seven children be the beneficiaries of the trust and, at clause 2.04, the trustor indicated that upon her death, the co-trustee "shall immediately divide the trust principal into separate shares for the benefit in equal seven (7) shares for" her seven…
2Cases cited2 opinions
- In Re the Testamentary Trust Created by the Last Will & Testament of DimickSupreme Court of Oklahoma · 1975
- Sivia v. SnyderCourt of Civil Appeals of Oklahoma · 1973