Terry

The three consolidated appeals discussed in this opinion arise from the settlement of a long, arduous trial over the validity of two competing trust instruments of Garth Conlan. The parties to the dispute are lone N. Conlan, Garth’s widow, and Garth’s three adult children from a previous marriage. The first trust instrument, which lone claims is valid, is an inter vivas trust that Garth executed in 1999 leaving Garth’s community property interests to lone. The second trust instrument was drafted shortly before Garth died in 2001, and left all of his property to his children.

At the conclusion of evidence after 50 days of trial, with the assistance of a settlement judge, the parties reached a settlement of their dispute. However, immediately following the initial agreement, the parties began to disagree about the specific terms of the settlement.

Ultimately, following the children’s motion for judgment, the court ordered the settlement enforced on the terms that lane’s claims were not agreed to in the initial May 9, 2003 settlement.

The three appeals present the following issues: in the first appeal, lone challenges the enforceability of the settlement agreement; in the…