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HORN v. FIRST SECURITY BANK OF UTAH, N. A.

No. 14161.

548 P.2d 1265 (1976)

Etta Jean HORN, Administratrix of the Estate of Thressa G. Jones, Deceased, Plaintiff and Appellant, v. FIRST SECURITY BANK OF UTAH, N. A., a National Banking Association, et al., Defendants and Respondents.

Supreme Court of Utah.

April 16, 1976.

Attorney(s) appearing for the Case

Gary A. Frank, of Nelson, Harding, Richards, Leonard & Tate, Salt Lake City, for plaintiff and appellant.

Heber Grant Ivins, American Fork, for defendants and respondents.

TUCKETT, Justice:

Thressa G. Jones initiated these proceedings in the district court seeking to nullify and set aside an inter vivos trust created by Clarence T. Jones. Thressa G. Jones also requested the court to set apart to her a one third fee simple in the real property covered by the trust instrument pursuant to the provisions of Section 74-4-3, U.C.A. 1953, the pertinent part of which is as follows:

One-third in value of all the legal or equitable estates...

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