Matter of 1942 Gerald H. Lewis Trust

KELLY, Judge.

Plaintiff, Mary Ann Lewis, and defendant, Gerald H. Lewis, Jr., are beneficiaries of a trust created by plaintiff’s late husband, Gerald H. Lewis, Sr. Defendant Colorado National Bank is the trustee. Plaintiff appeals the trial court’s denial of her motion for summary judgment and instruction to the trustee to cease paying income to her should she remarry. We affirm.

In 1942, Gerald H. Lewis, Sr., executed an inter vivos trust which directed the trustee to pay the income to Mr. Lewis for life, and, upon his death, to “pay one half of said net income to my then wife, so long as she…