Gardner v. Sovran Bank

By JUDGE KENNETH E. TRABUE

I have reviewed the pleadings and memorandum of authority submitted by counsel for the parties, and I find that the plaintiff’s motion for summary judgment should be granted.

The trust is not challenged as invalid. The trust was revocable; the transfer of assets to the trustee was revocable; the trust by its own terms recognized the wife’s right to renounce and receive her widow rights; and I hold that the trust is a testamentary disposition of property and is subject to the claims of plaintiff’s widow’s rights.

I think that the rule of law is clearly announced in…