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DENVER FOUNDATION v. WELLS FARGO BANK, N.A.

No. 04CA1403.

140 P.3d 78 (2005)

DENVER FOUNDATION, Plaintiff-Appellee, v. WELLS FARGO BANK, N.A., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Certiorari Granted August 14, 2006.

Attorney(s) appearing for the Case

Sherman & Howard, L.L.C., Christopher Lane, Bridget K. Sullivan, Denver, Colorado, for Plaintiff-Appellee.

Baker and Hostetler, LLP, Marc D. Flink, Casie D. Collignon, Denver, Colorado, for Defendant-Appellant.

Davis, Graham & Stubbs, LLP, Ted R. Sikora, II, Andrea Wang, Denver, Colorado, for Amici Curiae Colorado Bankers Association, Bank One Trust Company, N.A., Cobiz Bank, N.A., First National Bank of Colorado, and American National Bank.

ROTHENBERG, J.

In this case involving the construction of a trust, Wells Fargo Bank, N.A. appeals the probate court's order granting summary judgment in favor of the Denver Foundation. We reverse and remand with directions.

I. Background

The Denver Foundation is a community trust that was created in 1925 when it filed its original Declaration of Trust with the Colorado Secretary of State. As originally constituted...

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