Pena v. DeyAnnotate this Case
At issue before the Court of Appeals was whether James Robert Anderson, settlor and trustee of the James Robert Anderson Revocable Trust (the trust), validly amended the trust when he made handwritten interlineations to one of the operative trust documents, specifically the First Amendment to the trust (First Amendment), making Grey Dey a beneficiary. After making the interlineations, Anderson sent both the original trust instrument and the interlineated First Amendment to his attorney to have the new disposition of his trust estate formalized in a second amendment to the trust. Anderson died before the formal amendment was prepared for his signature. Margaret Pena, successor trustee, petitioned the trial court for instructions as to the validity of the interlineations. She moved for summary judgment, asserting the interlineations did not amount to a valid amendment to the trust as a matter of law. The trial court granted the motion and entered judgment in Pena’s favor. Dey appealed, but the Court of Appeal concurred with the trial court: the interlineations did not validly amend the trust because the trust specifically requires amendments “be made by written instrument signed by the settlor and delivered to the trustee. … While the law considers the interlineations a separate written instrument, and while there can be no doubt Anderson delivered them to himself as trustee, he did not sign them.” While there was no dispute in this case that Anderson intended Dey to receive a portion of his trust estate, there was also no genuine dispute that Anderson intended to sign this and other changes to his trust when formalized by his attorney. Unfortunately, he died before that could be accomplished.