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MASSACHUSETTS CO. INC. v. EVANS

No. 94CA2042.

924 P.2d 1119 (1996)

MASSACHUSETTS COMPANY INC., Trustee of the Della B. Woodbury Trust, Petitioner-Appellee, v. Carl EVANS, Personal Representative of the Estate of Della B. Woodbury, Respondent-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied March 21, 1996.

Certiorari Denied October 15, 1996.

Attorney(s) appearing for the Case

Brauchli—Snyder, P.C., Paul Snyder, Jr., Boulder, for Petitioner-Appellee.

Hopp and Associates, P.C., Brandon S. Culter, Longmont, for Respondent-Appellant.

Opinion by Judge ROTHENBERG.

Carl Evans, executor of the estate of Della B. Woodbury, appeals the order of the district court directing that he distribute the remaining assets of the Della B. Woodbury Trust (the trust) to Woodbury's heirs. The sole issue is whether a provision in the trust instrument that "the principal shall be distributed to the executors or administrators of the Donor" entitles Evans to receive the trust assets personally, or only as a fiduciary...

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