Cooper v. Trust Company Bank

Bell, Justice.

This appeal involves the construction of a trust instrument created in 1968 by the appellant, Nancy L. Cooper. The instrument names appellee Trust Company Bank as the trustee, and provides that the settlor shall have no right to alter, amend, or revoke the trust. Despite this language, in 1985 Cooper issued a notice of revocation directing the bank to pay the corpus of the trust to her. The bank refused, believing the trust to be irrevocable. The bank then filed a declaratory judgment action, seeking direction concerning Cooper’s right to terminate the trust. Cooper answered and…