In Re Marjorie Q. Ward Revocable Trust

¶23 For the same reasons I did in In re Estate of Firebaugh, 271 Mont. 418, 423-24, 897 P.2d 1088, 1091-92 (1995) (Nelson & Gray, JJ., specially concurring and dissenting), I dissent from the Court’s Opinion in the case at bar.

¶24 In pertinent part, Marjorie Ward’s trust provides:

Before any distribution is made to my son, JACK, however, my Trustee is directed to first reduce JACK’S share by any amounts he owes to my stepdaughter JOAN, at the time of my death. [Emphasis added.]

The simple truth is that, “at the time of [Ms. Ward’s] death,” Jack did not owe “any amounts” of money to Joan. The…