Holter v. First National Bank & Trust Co. of Helena

MR. CHIEF JUSTICE HARRISON:

I dissent.

I do not believe that the trust deed speaks as of the time of the death of the surviving trustee. This trust deed was neither revocable nor amendable, it conveyed legal ownership of the corpus to the trustees, and at the time it was executed and delivered the transaction was complete and beyond the trustor’s power to recall. Bogert, Trusts & Trustees, secs. 41, 42, pp. 270, 271.

*33I believe-the intention of the trustor which must be determined here is that intention which she had in 1929, the time the deed was executed. Smyth v. McKissick, 222 N. C. 644, 24…