VANDER BOEGH v. BANK OF OKLAHOMA, N.A.

No. 2011-CA-000921-MR.

394 S.W.3d 917 (2013)

Gary S. VANDER BOEGH; Mark A. Vander Boegh; Ann K. Vander Boegh; Brian Vander Boegh; Karen Sloan; Lori Vander Boegh; and Glenn F. Jones, Appellants v. BANK OF OKLAHOMA, N.A.; James G. Armstrong; Scott Charles Armstrong; Jeffrey James Armstrong; Amy Ruth Armstrong; Jimmy Brien Jones; Charles R. Jones; Vincent Keith Jones; Moira Isobel Jones; Kimberly Faith Jones, individually and as Power of Attorney for Kyle Patrick Jones; Rhonda Tippett, individually and as Power of Attorney for Sally Jo Lloyd; Lisa K. Price; Kym L. Bichon; and Donna Puryear, Appellees.

Court of Appeals of Kentucky.

February 8, 2013.


Attorney(s) appearing for the Case

Bobby R. Miller, Jr. , Ryan A. Hahn , Paducah, KY, for Appellants.

John W. Bilby , Louisville, KY, Shannon Arthur Singleton , Anthony J. Phelps , Lexington, KY, for Appellee, Bank of Oklahoma, N.A.

Before MOORE, STUMBO, and THOMPSON, Judges.


OPINION AND ORDER

MOORE, Judge:

The above-captioned appellants are minority beneficiaries of two separate trusts, and they appeal an order and judgment of the McCracken Circuit Court concerning the construction of certain trust documents and a petition for instructions filed by their trustee, Bank of Oklahoma, N.A. ("BOK"). For the reasons discussed below, we affirm.

It becomes necessary to discuss the posture of the Vander Boeghs' appeal...

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