O'Neal ex rel. Warmack v. Warmack

I respectfully dissent as to point two. I find no evidence whatever to support the statement that Mr. and Mrs. War-mack made or attempted any gift to their children or that any of the assets of the trust originated with them. Ed Warmack testified that all property of the purported trust was conveyed to him as trustee for Ed Warmack Family Trust. He never owned any of the real property, nor held any title except as trustee. He borrowed the money, in his capacity as trustee, to purchase the Kansas property, the first acquisition. Later he exchanged property he personally owned for property in…