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SUNDQUIST v. SUNDQUIST

No. 17057.

639 P.2d 181 (1981)

Donald Theodore SUNDQUIST, Plaintiff and Appellant, v. Mary Alice SUNDQUIST, Defendant and Respondent.

Supreme Court of Utah.

December 23, 1981.

Attorney(s) appearing for the Case

David M. Swope, Salt Lake City, for plaintiff and appellant.

John Lowe, Salt Lake City, for defendant and respondent.

OAKS, Justice:

The issues in this appeal are (1) whether an express trust was created, (2) if so, whether the trial court correctly decreed termination of the trust on the ground that its purposes had been fulfilled, and (3) whether attorney's fees incurred by the trustee can be paid from the trust corpus.

I. CREATION OF TRUST

The principles governing the creation of a trust are well settled. An inter vivos trust is created when a settlor, with intent...

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