Kempton v. Dugan

LISA WHITE HARDWICK, Judge.

This appeal arises from a judgment granting specific performance for the distribution of trust assets based on an alleged oral agreement. We reverse, finding that the trial court erred in considering parol evidence of an oral agreement without determining that the terms of the trust were ambiguous.

I. Factual and Procedural History

William and Jane Dugan were married on January 30, 1964. William had three children from a previous marriage: W. David, Patricia, and Michelle Dugan (“Du-gans”). Jane had four children from a previous marriage: J. Michael, Mark, and Charles…