Catherine Meyer, as Beneficiary of the 1999 Carlsen Family Living Trust v. Sara Miller, Trustee of the 1999 Carlsen Family Living Trust

Summary

The Wyoming Supreme Court affirmed summary judgment for the successor trustee in a dispute over amendments to the 1999 Carlsen Family Living Trust. The court held that the amendments did not implicate the Statute of Frauds because they redistributed trust assets rather than collected a legal debt, and that the evidence did not create a genuine issue of material fact regarding undue influence.

Holdings

1. The amendments were valid because they did not constitute an agreement to collect or repay a debt subject to the Statute of Frauds. Evelyn Carlsen was entitled under the trust to redistribute the trust assets as she deemed fair in light of the investment loss.
2. The evidence did not create a genuine issue of material fact that Evelyn Carlsen's daughters exercised undue influence, and the trustee was entitled to summary judgment.

Questions Presented

1. Whether the trust amendments were invalid under the Statute of Frauds because they attempted to collect a debt from Meyer without a signed written agreement.
2. Whether the evidence created a genuine issue of material fact that Evelyn Carlsen's daughters procured the trust amendments through undue influence.

Disposition

affirmed