In re Frank & Lotus Huxtable Living Trust

The opinion of the court was delivered by

Holmes, J.:

This is an appeal from a determination by the trial court that the dispositive language of an inter vivos trust instrument was unambiguous and that extrinsic evidence as to the intent of the settlors was inadmissible.

The facts are not in dispute. On March 6, 1986, Frank L. Huxtable and Lotus M. Huxtable, husband and wife, executed an inter vivos trust instrument naming as trustee the Fourth National Bank and Trust Company of Wichita (now Bank IV Wichita, N.A.). Upon the death of both settlors, the trust provided as follows for distribution…