Matter of Della Lustgarten Nathan Trust

DICKSON, Justice.

This is an appeal from a trial court judgment terminating a trust which by its express terms terminated upon the. settlor's death. Following the settlor's demise, the trial court denied trustees the authority to sell real estate and entered an order terminating the trust. The trustees sought to sell the real estate primarily to resolve unpaid administrative expenses and advancements. The Court of Appeals reversed, believing that the trustees' power to sell real estate was not destroyed by the death of the settlor. Matter of Nathan Trust (1993), Ind.App., 618 N.E.2d 1343.

In…