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IN RE ESTATE OF KEMP

No. CV-13-493.

433 S.W.3d 911 (2014)

2014 Ark. App. 160

In the Matter of the ESTATE OF Douglas KEMP, Deceased U.S. Trust, Bank of America, N.A., Appellant v. First National Bank & Trust, Mountain Home, as Special Administrator of the Estate of Douglas Kemp, and Certain Heirs at Law of Douglas Kemp, Appellees.

Court of Appeals of Arkansas.

March 12, 2014.

Attorney(s) appearing for the Case

Womack, Phelps & McNeill, P.A., Jonesboro, by: Tom D. Womack and Ryan Wilson , for appellant.

John C. Throesch , Pocahontas and Terry T. Wiens , for appellee.

BILL H. WALMSLEY, Judge.

In this case, an express inter vivos trust failed when the settlor died without any readily ascertainable heirs. Bank of America (BA or the trustee) appeals from the judgment of the Randolph County Circuit Court, sitting as the probate court over the estate of the deceased settlor, that ordered the trustee to turn the trust assets over to the administrator of the estate. The court also ordered the trustee to reimburse the estate for expenses...

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