Section 6.4 Settlor’s “Intent” Now Codified?
| Library | Trusts and Powers 2013 Supp |
D. (§6.4) Settlor’s “Intent” Now Codified?
One of the most basic rules, if not the most basic rule, of trust construction in the past has been the supremacy of the settlor’s intent: “The controlling rule in construing wills or trusts in this state, to which all technical rules of construction must give way, is to give effect to the true intent and meaning of the testator or grantor as the same may be gathered from the whole instrument.” Williams v. Duncan, 55 S.W.3d 896, 900 (Mo. App. S.D. 2001) (quoting...
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