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MAKOFF v. MAKOFF

No. 13577.

528 P.2d 797 (1974)

Richard P. MAKOFF and Sidney G. Makoff, as Co-Trustees of the Samuel Makoff Trust No. 101, Plaintiffs and Appellants, v. Richard David MAKOFF et al., Defendants and Respondents, and John Gibbs Makoff, Defendant and Appellant, Dolly L. Crooks, Guardian of the Estate of Samuel Bradford Makoff and Collette Makoff, minors, Intervenor and Respondent.

Supreme Court of Utah.

November 19, 1974.

Attorney(s) appearing for the Case

Bryce E. Roe and Thomas J. Quinlan, Roe & Fowler, Salt Lake City, for plaintiffs and appellants.

Roger D. Sandack, A. Wally Sandack, Salt Lake City, for defendants and respondents.

Albert J. Colton, Fabian & Clendenin, Salt Lake City, for intervenor and respondent.

ELLETT, Justice:

This is an appeal from an adverse ruling of the trial court in granting a summary judgment in favor of the defendants and denying one to the plaintiffs. There is no disputed issue of fact, and since there is merely an issue of law, we need not accord any favored position to the trial court.

On December 10, 1956, one Samuel E. Makoff, Sr., now deceased, created an inter vivos trust by and between himself and his two sons as trustees for the...

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