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Wills, Trusts & Estates Keyed to Sterk
Wells v. Sanford
Citation:
663 S.W.2d 174 (1984)Facts
In 1974, Nora Wells was declared physically incompetent, and Elvan G. Sanford was appointed as her guardian. In 1977, her son, Hiram Wells, executed his Last Will and Testament, which provided that if Nora were alive at the time of his death, his entire estate would be placed in trust for her benefit, managed by Sanford. If Nora was not alive, the estate would go to Sanford and his wife, Koleta. Hiram Wells died in 1979, leaving real property as the only asset in the testamentary trust. Nora, now 91, resides in a nursing home with an unpaid bill of $23,749.74. Her property consists of 109 acres of real estate under guardianship and her life interest in the testamentary trust. Sanford, as her guardian, petitioned the Baxter County Probate Court for permission to sell her guardianship assets to cover her nursing home expenses. Nora’s children, J. C. Wells and Irene Bain, filed a petition in the Baxter County Chancery Court to sell the assets of the testamentary trust for her support as well.
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