Respondent shall recover of appellant $40 costs and disbursements of this appeal. Respondent-appellant (appellant) is the trustee of a trust established July 25, 1970, by a written instrument executed by and between the grantor, Eugene Paul Kelly, and appellant. The trust agreement expressly provided that the trust "shall terminate on January 2, 1974, or upon the death of any one of said beneficiaries herein, whichever shall first occur." Thus, by its terms, the trust terminated...
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