O’Reilly v. O’Reilly CA2/8
The main asset of the O’Reilly Family Trust is the family home. The trust permitted the trustor’s widow to remain in the home as long as she wished; thereafter, the home and the rest of the assets were to be “distributed” to the trustor’s three adult children. Due to a dispute among the children, one of them, who was the successor trustee, filed a petition to determine whether the trust granted him permission to sell the house. The trial court granted the trustee the relief sought, and his brother, the objecting beneficiary, appeals. We conclude, as did the probate court, that the trust unambiguously grants the trustee the right to sell the house. We therefore affirm.
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