Warne v. Warne
Annotate this CaseIra Warne executed a partial revocation of and amendment to the Ira Warne Family Protection Trust, the purpose of which was to terminate the interest of one of Ira's sons, Tom Warne, who had been designated as a beneficiary in the original trust instrument. On summary judgment, the district court (1) invalidated the partial revocation based on the Supreme Court's holding in Banks v. Means, and (2) held that Tom was entitled to one-half of the personal property of Ira's estate pursuant to the distribution provisions of Ira's will. The Supreme Court reversed summary judgment, holding (1) the partial revocation complied with Utah Code Ann. 75-7-605, which statutorily overruled the Court's holding in Banks; and (2) the distribution of Ira's personal property was governed by the terms of the Trust, rather than by Ira's will, and therefore, Tom was not entitled to one-half of that property. Remanded.
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