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IN RE MILLER OSBORNE PERRY TRUST

Docket No. 309725.

831 N.W.2d 251 (2013)

299 Mich. App. 525

In re MILLER OSBORNE PERRY TRUST.

Court of Appeals of Michigan.

Decided February 19, 2013, at 9:10 a.m.

Attorney(s) appearing for the Case

Chalgian & Tripp Law Offices, PLLC, East Lansing, (by Douglas G. Chalgian ), for Susan Perry.

Foster, Swift, Collins & Smith, P.C., Lansing, (by Douglas A. Mielock ), for Mark Perry.

Before: FITZGERALD, P.J., and METER and MARILYN J. KELLY, JJ.

PER CURIAM.

Susan Perry, acting as the trustee for the Miller Osborne Perry Trust (the "Trust"), appeals as of right the probate court's finding that Mark D. Perry's suit for declaratory relief did not constitute a challenge to the Trust within the meaning of the Trust's forfeiture clause — otherwise known as a no-contest clause. On appeal, Susan Perry argues that the probate court clearly erred because, after it found that

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