Clayton v. Behle

ELLETT, Chief Justice:

This is a suit by the beneficiaries of the Clayton Family Trust, an inter vivos trust, for the recovery of the corpus of that trust.

At the time the trust was created, the settlor was having marital problems with his second wife. Whether due to that fact or not, the trust that was executed October 23, 1963, contained no power of revocation. The principal assets of the trust were 125 shares of stock in the Clayton-Macfarlane Company, which Company owned a ranch containing 7,461 acres of land located in East Canyon, Utah.

A divorce was granted to the settlor from the second…