Evanich Estate

HENDERSON, P.J.,

— The First National Bank of Lawrence County, as administrator of the Estate of Andrew Evanich, has filed a petition for declaratory judgment seeking to have *227the court determine whether an instrument executed by the deceased entitled “Declaration of Trust” actually creates a valid trust and if so, what its provisions are, and whether it is an active or passive trust.

The instrument in question was prepared and executed by the deceased in handwritten form on November 6, 1977. A postscript to the instrument stated that it followed a form found in the book “How To Avoid Probate”…