Malachowski v. Bank One, Indianapolis

HOFFMAN, Presiding Judge.

Plaintiffs-Appellants appeal from the trial court’s grant of summary judgment to defendant-appellee Bank One.

The facts relevant to this appeal reveal that appellants are some, but not all, of the adult income beneficiaries of an irrevocable inter vivos trust. Bank One is the trustee of the trust.

In 1935, the irrevocable inter vivos trust was established by Harry S. Noel, naming Bank One’s predecessor as trustee. Originally, the trust held the settlor’s life insurance policies. The trustee was directed to hold the policies and then, upon the set-tlor’s death, to…