Matter of Trust of Killian

NEUMAN, Justice.

This appeal involves a challenge to the trial court’s interpretation of an irrevocable inter vivos trust agreement and its determination of the scope of a trust beneficiary’s testamentary power of appointment under the trust. The controversy centers on a dispute between three of the beneficiary’s children and their stepmother who is the beneficiary’s second wife and administrator of his estate. We transferred the case to the court of appeals which, on a divided vote, reversed the rulings entered by the district court. We granted further review and now vacate the decision of…