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MATTER OF TRUST CREATED BY BELGARD

No. 90CA0808.

829 P.2d 457 (1991)

In the Matter of the TRUST CREATED BY Dorothy E. BELGARD, Settlor. Jeffreys M. JOHNSON and Douglas E. Johnson, Petitioners-Appellees, v. Robert E. JOHNSON, Respondent-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 14, 1991.

Certiorari Denied May 11, 1992.

Attorney(s) appearing for the Case

White & Steele, P.C., Walter A. Steele, Frederick W. Klann, George A. Codding, Denver, for petitioners-appellees.

Constantine & Anderson, P.C., Thomas J. Constantine, Kevin J. O'Brien, Greenwood Village, for respondent-appellant.

Opinion by Judge PIERCE.

Respondent, Robert Johnson, appeals a judgment of the probate court which construed the trust created by his mother to exclude his adopted wife as a remainderman. We affirm.

Settlor created an express trust in Illinois in 1956 (the Belgard Trust). After her death and the death of her husband, respondent received the net income from the trust as lifetime beneficiary. Under the terms of the trust, upon respondent's death, the trustee...

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