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SMITH v. KIRKLAND

No. 20150637-CA.

392 P.3d 847 (2017)

2017 UT App 16

Penn SMITH and Valden Cram, Appellees, v. John H. KIRKLAND, Kevin B. Kirkland, David R. Kirkland, Linton C. Kirkland, Hylan F. Kirkland, Mary Ruth Cooper, James H. Kirkland, Richard A. Kirkland, Ephraim B. Kirkland, Kirk B. Kirkland, Benjamin T. Kirkland, Steven E. Kirkland II, and Daniel B. Kirkland, Appellants.

Court of Appeals of Utah.

Filed January 26, 2017.

Attorney(s) appearing for the Case

William F. Rummler and Christopher A. Lund , St. George, Attorneys for Appellants.

Nicholas I. Chamberlain , St. George, Attorney for Appellees.

Judge Kate A. Toomey authored this Opinion, in which Judges Michele M. Christiansen and David N. Mortensen concurred.

Opinion

¶ 1 The Beneficiaries of the Terrestrial Kingdom of God Trust appeal the orders of the district court granting summary judgment in favor of Penn Smith and Valden Cram. We affirm in part and reverse in part.

BACKGROUND

¶ 2 Steven E. Kirkland (the Trustor) created the Terrestrial Kingdom...

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