In Re Jerome S. Baum, Debtor. Tom H. Connolly, Trustee v. Jerome S. Baum, Garrett Adam Baum, Courtney Jill Baum, Tom W. Lamm

LOGAN, Circuit Judge.

Plaintiff Tom H. Connolly, Trustee in Bankruptcy, appeals the district court’s grant of summary judgment denying him relief and upholding the validity of two trusts the assets of which plaintiff sued to include in Jerome S. Baum’s bankruptcy estate. On appeal, plaintiff argues that the trusts are void as shams or because of merger of legal and equitable interests.

I

In October 1983, Baum (debtor or settlor) established and filed of record a trust instrument entitled the Baum Children Trusts, creating two irrevocable trusts denoted as the Garrett Adam Baum Trust and the…