White v. Call

In a previous case, the Supreme Court determined that Robert Emory White (Robert), Myron James White (Myron), and Gary Gerrard, Robert's attorney, were entitled to a writ of mandamus requiring the trial court to allow them to file notices of appeal in this case regarding the administration of the estates of Robert L. White and Florence L. White, who were once married. This appeal was the result of the grant of that mandamus relief. The primary issue on appeal in this case was whether the trial court correctly found that the proceeds from the sale of certain real property held by a trust created by Robert L. White should have been distributed wholly to Marvin Terry White (Terry). Upon review, the Supreme Court affirmed: "Through various arguments in these related appeals, Robert and Myron [argued] that [the trustee] violated her fiduciary duties by asking the trial court to ratify the distribution of any Trust property to Terry and that, by doing so, the trial court misinterpreted the Trust. An analysis of the facts of this case and the language of the Trust indicate that the trial court did not err. Robert and Myron contend, nonetheless, that, because the Trust refers only to three named children at certain points and the surviving children at others with the use of different articles of speech, the Trust evinces an unequivocal intent by Robert L. White that only his three older children take under the Trust. It does not. At best, it creates an ambiguity, and, as pointed out above and in the trial court's order, the law favors the ascertainment of class members at the death of the settlor." With regard to any remaining claims, the Court found no error in the trial court's rulings. View "White v. Call" on Justia Law