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CARTER v. CARTER

No. 31329.

146 P.3d 639 (2006)

In the Matter of the Carter (JJC) Trust Created by Agreement Dated September 9, 1988, As Amended and Restated in its Entirety on June 9, 1999. Joseph J. CARTER, as successor cotrustee of the JJC Trust, Petitioner-Appellant-Cross Respondent-Respondent-Cross Appellant, v. Nata CARTER, personally and as successor cotrustee of the JJC Trust and as successor co-trustee of the J/NC Trust, and Karl Bantz, as successor co-trustee of the J/NC Trust, Respondents-Respondents-Cross Appellants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, December 2005 Term.

September 26, 2006.

Attorney(s) appearing for the Case

Cosho Humphrey, LLP, Boise, for appellants-cross respondents, Neta Carter and Karl Bantz. Thomas G. Walker, Jr. argued.

Eberle, Berlin, Kading, Turnbow, McKlveen & Jones, Chartered, Boise, for respondent-cross appellant, Joseph J. Carter. Joseph H. Uberuaga, II argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION NO.17

DATED FEBRUARY 23, 2006 IS HEREBY WITHDRAWN

SCHROEDER, Chief Justice.

This case involves a dispute over the distribution of Joseph Carter's estate. At issue are the effects of a will and subsequent trust executed by Joseph Carter.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Joseph and Neta Carter were married December 27, 1977, in California. It was a second marriage...

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