Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cramer v. Edwards

Court of Appeals of Indiana

March 15, 2018

James R. Cramer, Appellant,
v.
Robert J. Edwards, Appellee.

         Appeal from the Huntington Circuit Court The Honorable Thomas Hakes, Judge Trial Court Cause No. 35C01-1602-TR-5

          Attorneys for Appellant Bruce Norman Stier Logan & Stier, LLC Fort Wayne, Indiana Wilford Allen Hahn Matheny Hahn & Denman, LLP Huntington, Indiana

          Attorneys for Appellee Renee L. Riecke William A. Ramsey Barrett McNagny, LLP Fort Wayne, Indiana

          BARNES, JUDGE.

         Case Summary

         [¶1] James Cramer appeals the trial court's grant of summary judgment to Robert Edwards, as personal representative of the Estate of Paul H. Cramer and Successor Trustee of the Paul H. Cramer Trust ("Edwards"). We affirm.

         Issue

         [¶2] Cramer raises two issues, which we consolidate and restate as whether the trial court properly found that the trustor failed to properly amend her trust.

         Facts

         [¶3] Deloris Brock had two children, Cramer and Paul Cramer. On February 15, 2002, Brock, as trustor, executed the Deloris I. Brock Living Trust Agreement ("Trust"). The Trust provided:

         ARTICLE FOUR

         AMENDMENT AND REVOCATION

Section A. Trustor's Individual Addition Rights. Trustor may, during Trustor's life, by signed instruments delivered to the Trustee, add Trustor's property to the Trust.
Section B. Trustor's Rights of Amendment and Revocation. During the life of the Trustor, the Trustor may alter, amend, or revoke this Trust Agreement, in whole or in part, at any time or from time to time by an instrument in writing (other than a will) signed and delivered to the Trustee; provided, however, that the duties, powers and responsibilities of the Trustee shall not be substantially altered or amended without its written consent. From and after the death of the Trustor all trusts created herein, and this Trust Agreement, shall be unamendable and irrevocable.

         Appellant's App. Vol. II p. 17. Upon Brock's death, the Trust provided for distribution of the Trust assets as follows: (1) sixty percent to Paul Cramer, and (2) forty percent to James Cramer. The Trust also allowed the Trustee to distribute Brock's "personal effects" as directed "by a separate written statement or list, prepared and signed by the Trustor for that purpose, to those persons name[d] therein." Id. at 18. The Trust defined "personal effects" as "family assets . . . of a personal or household nature, such as clothing, jewelry, furniture, glassware, silver, works of art, pets, cameras, appliances, consumer electronic items and collections." Id.

         [¶4] On February 22, 2002, Brock conveyed, by warranty deed, her residence to the Trust. On May 12, 2002, Brock also executed a "Separate Writing to the Last Will and Testament of Deloris I. Brock and the Brock Revocable Living Trust U/D/T/ Dated 2-15-02" ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.