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WELCH v. CROW

No. 104,914.

206 P.3d 599 (2009)

2009 OK 20

Dylan WELCH and Hillary Welch, Plaintiffs/Appellants, v. Mary Kay CROW, Gary V. Morgan and Jean Ann Morgan, Trustees of the Betty J. Neighbors Revocable Trust Dated April 12, 1995, Defendants/Appellees.

Supreme Court of Oklahoma.

March 31, 2009.

Attorney(s) appearing for the Case

George M. Miles, Tulsa, OK, for Plaintiffs/Appellants.

Ron Wright, Muskogee, OK, for Defendant/Appellee Mary Kay Crow.

Craig W. Hoster, Julie Stanley, Tulsa, OK, for Defendants/Appellees Gary V. Morgan and Jean Ann Morgan.

KAUGER, J.:

¶ 1 The issues presented are whether: 1) 84 O.S.2001 § 1321 is applicable to revocable inter vivos trusts; and 2) a trust with the same person as sole trustee and only vested present beneficiary, which also provides for a contingent beneficiary, is illusory. We hold that § 132 is not applicable to revocable inter vivos trusts and a trust is not illusory merely because the same person is the sole...

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