Cable v. Wells Fargo Bank New Mexico, N.A.

OPINION

DANIELS, Justice.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to withdraw all assets of the trust estate implicitly included a lesser power to amend the trust. While we conclude that the Court of Appeals was correct in upholding the surviving…