Brothers v. Brothers

ROBERTSON, Presiding Judge.

The sole issue in this appeal is whether the trial court erred in creating a trust as part of the property division in a divorce action.

Lois T. Brothers (wife) and James Rayford Brothers (husband) were married in 1954. After 37 years of marriage, the wife filed for a divorce in 1991. The parties had one son, who is now an adult, and had accumulated substantial assets during the marriage.

Following an ore tenus proceeding, the trial court entered a judgment of divorce, which provided that certain properties were to be sold and the net proceeds, together with the…