FAMILY TRUST v. CHRISTENSEN

No. 24948.

993 P.2d 1197 (1999)

133 Idaho 866

CARL H. CHRISTENSEN FAMILY TRUST, by Lenna B. Christensen, Trustee, and Lyle Christensen, Vance Christensen, Raeone C. Steuart, and Danita C. Wilcox, third-party beneficiaries, Plaintiffs-Appellants, v. Forrest CHRISTENSEN and Larae Christensen, husband and wife, Byron Kelley and Luann H. Kelley, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, August 1999 Term.

December 10, 1999.


Attorney(s) appearing for the Case

Lyon & Lyon, Pocatello, for appellants. Kenneth E. Lyon, Jr. argued.

Kent A. Higgins, Fort Hall, for respondents Forrest & Larae Christensen.

Jay R. McKenzie, Preston, for respondents Byron & Luann Kelley.


KIDWELL, Justice.

The plaintiffs appeal from the district court's grant of summary judgment for the defendants in an action to rescind a sale of real estate. The plaintiffs (a trustee acting for a family trust and four of her children) contend that the sale was illegal. They assert that one co-trustee lacked the capacity to consent to the sale and that the other co-trustee could not act alone to bind the trust. The plaintiffs also contend that the buyers misrepresented...

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