Gifford Estate

Klein, P. J.,

A single, narrow question is involved in this dispute. Did Evelyn Chew Gifford, settlor, effectively revoke the revocable deed of trust which she created in 1938?

The answer turns on the quantum of proof necessary to establish the revocation of a formally prepared written trust instrument.

Our research, and that of learned counsel, reveal that there is a dearth of authority on the subject. We are in agreement with the ruling of the auditing judge that where no method or procedure for revocation is prescribed in a revocable trust, it may be revoked informally by parol without…