Kimberlin v. Dull

VICTOR C. HOWARD, Chief Judge.

Donald Dull appeals from a declaratory judgment interpreting the provisions of a trust. The trial court found that the sole surviving grantor effectively amended the trust after the other grantor’s death. Dull contends language in the trust instrument allowed amendment only by a joint act of the grantors.

Background

Eugene L. Dull and his wife of over 25 years, Margaret, created a revocable trust in January of 1998. The grantors transferred real property, their residence, to the trust. Both Eugene and Margaret were employed during their marriage and both…