Taylor v. Hutchinson

STEVENS, Presiding Judge.

This is an appeal from a judgment of the Superior Court for Maricopa County which permitted the joint trustees, hereinafter referred to as trustees, of a testamentary trust to deviate from the express terms thereof, which stated:

“ * * * in order to give effect to the overriding intent of the creator of the trust and because, owing to circumstances not known, to Curtis C. Cooper or anticipated by him, compliance with said express terms would defeat or substantially impair the accomplishment of the purposes of the trust.”

The facts which gave rise to this judgment are…