Matter of Marriage of Burns

ODEN, Justice.

The appeal has been perfected from that portion of the divorce decree which divided the property of the parties.

On May 25, 1974, Barbara A. Burns and Bill C. Burns were married. Mrs. Burns had no appreciable separate property at that time; however, Mr. Burns was then the beneficiary of several trusts each of which owned substantial assets. Mr. Burns’ parents both died during the marriage of the parties and Mr. Burns is the beneficiary of a testamentary trust established by the terms of each of their wills. These trusts were unfunded at the time of trial, but will be funded with…