Jackson v. Montoya
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The Supreme Court reversed the judgment of the district court concluding that the Successor Trustee of The Phillip G. Jackson Family Revocable Trust lacked authority to sell real property held by the Trust for the care, maintenance and support of the surviving settlor, holding that the district court did not err as a matter of law.
The Successor Trustee filed a complaint for declaratory judgment requesting a ruling that he could sell real property held by the Trust for the support of the surviving settlor, Phillip Jackson. The district court found that the Successor Trustee had no authority to eject Candyce Montoya, who had resided rent-free at the property for over forty years, from the property and to sell it for the benefit of Mr. Jackson during Montoya's life because the Trust granted Montoya a life interest in the property. The Supreme Court reversed, holding (1) Montoya's interest in the property will not vest until the death of the remaining settlor; and (2) therefore, the Successor Trustee may sell the property for the benefit of the remaining settlor in accordance with the terms of the Trust.
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