In re Donald Hyde Trust
Annotate this CaseBefore his death in 2011, Donald Hyde executed a will and then a revocable trust that he funded with real estate and a brokerage account containing stock. Under the trust, the stock was to be distributed to charities upon Hyde’s death. However, in a post-trust codicil, Hyde bequeathed the stock to his siblings. Before his death, Hyde also deeded trust real estate to siblings and loaned his sister money that he obtained from the trust brokerage account. After the circuit court supervising the trust made its findings and determinations, and charities and Hyde’s sister appealed. The Supreme Court affirmed, holding that the circuit court did not err in determining (1) the post-trust codicil did not modify the trust; (2) the trust should not be reformed to distribute the stock to the siblings; (3) the loan to the sister should be repaid to Hyde’s estate rather than his trust; (4) the deeds conveying property to Hyde’s siblings were validly delivered before Hyde’s death; and (5) the charities failed to meet their burden of proving that some of Hyde’s dispositions were the result of undue influence.
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