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CABLE v. WELLS FARGO BANK N.M., N.A.

No. 26,357.

175 P.3d 937 (2007)

2008-NMCA-005

In the Matter of the Cable Family Trust, dated June 10, 1987, as amended. Gary D. CABLE, Beneficiary-Appellant, v. WELLS FARGO BANK NEW MEXICO, N.A., Petitioner-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 9, 2008.

Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, NM, for Appellant.

Popejoy & MacKenzie P.C., Gregory W. MacKenzie, Thomas L. Popejoy, Albuquerque, NM, for Appellee.

Certiorari Denied, No. 30,787, January 9, 2008.

OPINION

ROBINSON, Judge.

{1} This case requires us to determine whether two Grantors of a Trust intended to allow the surviving Grantor to amend the terms of the Trust after the death of the other Grantor. We conclude that the power to amend should be implied based on the Trust provision which gives the surviving Grantor an unrestricted right to withdraw all assets from the Trust estate. We, therefore...

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