HOLMES v. POTTER

No. CV-16-563.

523 S.W.3d 397 (2017)

2017 Ark. App. 378

Cassaundra HOLMES, Individually, and as Trustee of the Betty L. Potter Revocable Trust Established September 10, 2004, and Thomas Wright and Kevin Wright, Appellants, v. Fredrick R. POTTER, Individually, and as Trustee of the Fred R. Potter Revocable Trust Established September 10, 2004, and as Trustee of the Fred Potter Revocable Trust Established July 10, 2013, Appellee.

Court of Appeals of Arkansas, DIVISION II.

Opinion Delivered: June 7, 2017.


Attorney(s) appearing for the Case

Skinner Law Firm, P.A., Greenwood, by: Jack Skinner , for appellant Cassaundra Holmes.

Michael Hamby, P.A., by: Michael Hamby , for appellants Thomas Wright and Kevin Wright.

Kevin L. Hickey , Fort Smith, for appellee.


This appeal arises from a dispute concerning an alleged agreement between spouses to execute mutual, reciprocal trusts. The circuit court found that there was no contract between the spouses, and that the surviving settlor could revoke his earlier trust and transfer all the assets from that trust to a new trust without it...

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