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MATTER OF ESTATE OF WEST

No. 950307-CA.

915 P.2d 504 (1996)

In the Matter of the ESTATE OF Herschel Joseph WEST, Deceased. Herschel J. WEST, Jr.; Richard L. West; and Carole A. West Edmunds, as beneficiaries under the Herschel J. West and Hazel L. West Trust, Appellants, v. Marilyn WEST, an individual, as personal representative of the estate, Appellee.

Court of Appeals of Utah.

April 4, 1996.

Attorney(s) appearing for the Case

Fourth District, Utah County; The Honorable Guy R. Burningham.

James G. McLaren, and Jeffrey A. Orr, Provo, for Appellants.

Gregory B. Hadley, Provo, for Appellee.

Before ORME, BENCH and BILLINGS.

OPINION

BILLINGS, Judge:

Beneficiaries of the Herschel J. and Hazel L. West Trust appeal the trial court's determination that Herschel West, a co-trustor/trustee, could unilaterally revoke a joint trust after the death of his co-trustor/trustee and first wife, Hazel West. The trial court granted summary judgment in favor of appellee Marilyn West, Herschel West's second wife, concluding she owned the disputed property as a matter of law. We reverse and remand...

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