Crews v. Overbey

OPINION

FONES, Chief Justice.

The major issue before this Court is whether a trust agreement, to be funded in *389the future, created a present trust, and if not, was there any obstacle under the particular facts of this case, to the substitution of a second trust agreement, funded from its inception but in a different manner and with different beneficiary provisions.

I

Although divorced in February 1971, the parties will be referred to as husband and wife. They were married in October 1960, and had two sons, one born in December 1961, and the other in June 1965. The final decree of divorce approved…