WETHERILL v. BASHAM

No. 2 CA-CV 98-0230.

3 P.3d 1118 (2000)

197 Ariz. 198

Gwendolyn Renee WETHERILL, a married woman in her own right, Plaintiff/Appellant, v. Robin L. BASHAM and Joe Basham, husband and wife; William Wissler, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

January 25, 2000.


Attorney(s) appearing for the Case

Durazzo & Eckel, P.C. By Patric E. Durazzo, Tucson, for Plaintiff/Appellant.

Chandler, Tullar, Udall & Redhair, L.L.P. By John J. Brady and Charles A. Davis, Tucson, for Defendant/Appellee Wissler.

Clifford G. Bleich Law Office By Marianne Poston, Tucson, for Defendants/Appellees Basham.


OPINION

PELANDER, Presiding Judge.

¶ 1 In this case involving disposition of assets in a family trust, plaintiff/appellant Gwendolyn Renee Wetherill appeals from the trial court's order granting summary judgment in favor of defendants/appellees. In affirming that order, we hold that a co-settlor's amendment to the trust, though ineffective as such, nonetheless served as an effective, though inadvertent, exercise of a power of appointment under...

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