GAMAGE v. LIBERTY NAT. BANK AND TRUST CO.


598 S.W.2d 463 (1980)

Robert P. GAMAGE, Jr., Executor of the Estate of Ruby L. Gamage, Appellant, v. LIBERTY NATIONAL BANK AND TRUST COMPANY of Louisville and Isaac Payne Gamage, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied May 29, 1980.


Attorney(s) appearing for the Case

Eli J. George, Jr., PSC, Louisville, for appellant.

Joseph J. Kaplan, William A. Miller, Jr., Louisville, for appellee, Liberty National Bank & Trust Co.

Jan C. Morris, Louisville, for appellee, Isaac Payne Gamage and Richard D. Shapero, guardian ad litem.

Before COOPER, HOWERTON and REYNOLDS, JJ.


HOWERTON, Judge.

Robert Gamage appeals from an adverse summary judgment in the Jefferson Circuit Court. The issue presented is whether a living revocable trust agreement allowing for revocation only upon written notice to the trustee may be revoked by will providing in part, "I dissolve the living trust. . . ." The trial court concluded that the will did not revoke the trust, and we agree.

In September 1977, Ruby Lee Gamage executed a trust agreement wherein...

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