CONTINENTAL BANK v. COUNTRY CLUB MOBILE EST.

No. 17157.

632 P.2d 869 (1981)

The CONTINENTAL BANK & TRUST COMPANY, a Utah corporation, as Trustee under the Revocable Trust Agreement of Marshall E. Huffaker, deceased, Plaintiff and Appellant, v. COUNTRY CLUB MOBILE ESTATES, LTD., a Utah limited partnership; The First Security Bank of Utah, N.A., Personal Representative of the Estate of Marshall E. Huffaker, deceased; et al., Defendants and Respondents.

Supreme Court of Utah.

July 14, 1981.


Attorney(s) appearing for the Case

Peter W. Billings, Daniel W. Anderson, Salt Lake City, for plaintiff and appellant.

Robert B. Huffaker, Modesto, Cal., John B. Anderson, William J. Cayias, Joan Traub, Salt Lake City, Kent S. Marshall, Hampton, Conn., Quentin L.R. Alston, John W. Lowe, Marsha Penny Huffaker Jessee, Michael M. Mollinet, Robert O. Baldwin, Barbara Jane Watkins, Ray L. Montgomery, Craig T. Vincent, Salt Lake City, for defendants and respondents.


OAKS, Justice:

The issue in this appeal is whether a settlor who has created a trust by conveying property that is subject to an option to sell can thereafter extend the period of the option without the participation or consent of the trustee. We hold that he cannot. For ease of reference, this opinion will refer to the plaintiff-appellant, Continental Bank & Trust Co., as the "trustee," to defendant-respondent, Country Club Mobile Estates, Ltd., as the "lessee...

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