IN RE CECILIA KINCAID GIFT TRUST FOR GEORGE

No. DA 11-0695.

278 P.3d 1026 (2012)

2012 MT 119

In the Matter of the CECILIA KINCAID GIFT TRUST FOR GEORGE.

Supreme Court of Montana.

Decided May 29, 2012.


Attorney(s) appearing for the Case

For Appellants: Greg A. Luinstra ; Luinstra & Young, P.L.L.C., Great Falls, Montana, Stuart F. Lewin ; Lewin Law Office, Great Falls, Montana (Attorneys for Gloria LaMott and Glenn Kincaid, Jr.).

For Appellee: Kirk D. Evenson ; Marra, Sexe, Evenson & Bell, Great Falls, Montana (Attorney for Jennifer Fazio).


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Gloria LaMott and Glenn Kincaid, Jr., appeal from the District Court's September 6, 2011 order concerning the distribution of the proceeds of the Cecilia Kincaid Gift Trust for George. We reverse.

¶ 2 The issue on appeal is whether the District Court properly concluded that Jennifer Fazio is entitled to a distribution from the Trust as a descendant of George Kincaid under the Gift...

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