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MATTER OF ESTATE OF WEST

No. 960260.

948 P.2d 351 (1997)

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, Plaintiffs and Respondents, v. Marilyn WEST, an individual, as personal representative of the Estate, Defendant and Petitioner.

Supreme Court of Utah.

November 28, 1997.

Attorney(s) appearing for the Case

Timothy C. Houpt, Edward R. Munson, Salt Lake City, for plaintiffs and respondents.

Jeffrey W. Wilkinson, Salt Lake City, for defendant and petitioner.

On Certiorari to the Utah Court of Appeals

HOWE, Justice.

Children listed as beneficiaries of their parents' inter vivos trust challenge the power of their father to convey the marital home, the sole trust asset, to himself and his second wife in joint tenancy following the death of the children's mother. The trial court granted judgment on the pleadings in favor of the second wife. The court of appeals reversed, West v. West (In re Estate of West),<...

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