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Wills, Trusts & Estates keyed to Dobris
American National Bank of Cheyenne v. Miller
Facts
Mrs. Plummer established a trust in 1967. The trust instructed that it be used to support Mrs. Plummer during her lifetime and after her death to pay $200 monthly payments to her only child Vivian and her husband Grant E. Miller, as well as to assist with educational expenses of their children- Davin, Hickey, and Miller, Jr. After the death of Vivian and Grant E. Miller the trust was to be divided into “as many equal shares as there are then living children” of Vivian and Grant E. Miller. And when all payments to the grandchildren had been made the balance of the trust was to be distributed to fund a scholarship at the University of Wyoming. Mrs. Plummer died in 1976 and Vivian Miller died in 1992. Grant E. Miller relinquished and assigned his interest in the monthly payments to his three children. Appellees, Grant E. Miller, Davin, Hickey, Miller Jr., and the University of Wyoming all consented to the termination and distribution of the trust even though Grant E. Miller w as still living. The district court issued an order directing the trust be terminated and the trustee appealed that ruling.
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