Hoggan v. Hoggan

PARRISH, Justice:

INTRODUCTION

T1 Shortly before she passed away, Leona Hoggan ("Leona") amended a trust that she had created some fifteen years earlier. The amendment provided that, upon Leona's death, her son John Hoggan (a.k.a. "Jack") would be forgiven a loan Leona made to him, rather than receiving a one-third interest in the trust property. Jack asserts that the language of the trust document did not authorize Leona to effect such an amendment. We disagree. Under our previous interpretations of very similar trust language in Banks v. Means, 2002 UT 65, 52 P.3d 1190, and Flake v. Flake (In…