Edwards

INTRODUCTION

On December 8, 1988, Eileen P. Gillis (decedent) executed the Eileen Gillis 1988 Trust (hereinafter the Trust) which named her daughter, Beverly Sims (Sims), as successor trustee and distributed the entire contents of the Trust equally between her children Sharyn Christine Matriotti, Barbara Des-Rochers, Wayne Demmel, Kim Des-Rochers, and Sims, upon decedent’s death. The Trust provided that the beneficiaries must survive distribution of the assets of the Trust to inherit or their shares would be distributed equally among the surviving beneficiaries. On December 30, 1991, decedent executed a “First Amendment to Declaration of Trust of Eileen Gillis 1988 Trust” (hereinafter First Amendment) which removed Sims as both a beneficiary and successor trustee; the First Amendment named Kim Des-Rochers as successor trustee.

*1321 On September 5, 2001, decedent executed a “Second Amendment to Declaration of Trust of Eileen Gillis 1988 Trust” (hereinafter Second Amendment), which removed Kim Des-Rochers as the successor trustee and replaced her with defendant and respondent John T. Gillis, decedent’s husband from whom she was legally separated. The Second Amendment…