Matter of Estate of Binder

VANDE WALLE, Justice.

Joann Binder, as personal representative of the estate of Eugene V. Binder, appealed from the judgment and order acknowledging the existence of an express trust in favor of Kent E. and Jolene Binder. We affirm.

Kent and Jolene assert that they are beneficiaries of a trust created in 1977 by their father and mother, Eugene and Gloria Binder. Kent and Jolene’s parents were divorced in 1977 after twenty-two years of marriage. Prior to the divorce, they entered into a written property settlement agreement which was incorporated into the terms of the divorce decree. The…