Born v. Born

The opinion of the court was delivered by

Johnson, J.:

Betty Born (Betty), in her capacity as a trustee of the inter vivos, revocable trust created with her late husband, John H. Bom, Jr. (John), hereafter referred to as “the Born Trust,” brought this injunctive and declaratory judgment action against Sharon Bom (Sharon). Sharon held two installment promissory notes upon which the Born Trust assets had been pledged as security when John died. When Betty attempted to make payments on the notes, Sharon took the position that the notes were in default because of Johns death; that, pursuant to the…