Herring v. Herring

DICKINSON, Justice, for the Court.

¶ 1. Herring Gas Company is a family owned company which was started by C. Graham Herring, with the help of his wife, Eugenie. Graham and Eugenie were the parents of five children: Ed, Rebecca, Marsha, Steve and Mike. Ed is the oldest, and Steve is the fourth child.

¶ 2. Ed became involved in the business in the early 19'70’s. When Graham died in the spring of 1974, Eugenie began to do estate planning beginning with her first inter vivos trust, “Eugenie Teague Herring Irrevocable Trust,” created on October 14,1983.

¶ 3. On September 15, 1989, Eugenie created a…