In re Winn Trust
John Stephenson and James Stephenson, beneficiaries of a trust created in 2002, appeal from a judgment reforming a trust created in 1990. Daniel Carnahan and Mary Jane MacKillop, respondents, are beneficiaries of the 1990 trust. The reformation resulted in the transfer of real property from the 2002 trust to the 1990 trust. Appellants contend: (1) an action to reform the 1990 trust was time-barred; (2) the probate court exceeded its jurisdiction in reforming the 1990 trust because in their pleadings respondents did not ask the court to reform or interpret that trust; and (3) the probate court erred by reforming the 1990 trust. Court reject the first two contentions. However, the third contention has merit. Accordingly, Court reverse.
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