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CREWS v. OVERBEY

645 S.W.2d 388 (1983)

Barbara Jean Overbey CREWS, Plaintiff-Appellee, v. Robert Kenneth OVERBEY, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

January 24, 1983.

Attorney(s) appearing for the Case

Gail Pigg, Nashville, for plaintiff-appellee.

David B. Herbert, Ortale, Kelley, Herbert & Crawford, Nashville, for defendant-appellant.

OPINION

FONES, Chief Justice.

The major issue before this Court is whether a trust agreement, to be funded in the future, created a present trust, and if not, was there any obstacle under the particular facts of this case, to the substitution of a second trust agreement, funded from its inception but in a different manner and with different beneficiary provisions.

I.

Although divorced in February...

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