Cairns v. Cairns

Opinion

DONDERO, J.

In a proceeding on a probate petition filed by the trustees of a testamentary trust, the court interpreted a provision—known as the “five-or-five” provision—for annual distribution of principal to a life beneficiary, and found that the provision authorized the distribution to include an interest in real property in addition to money. In this appeal, a remainder beneficiary argues that the trial court’s interpretation of the trust document was erroneous, and complains that he was improperly denied an evidentiary hearing. We conclude that the trial court’s interpretation of…