This section contains the nature of the case and procedural background.

The testatrix was also the settlor of a trust, executed her will on September 1948. She died on January 31, 1960. The sixth provision in her will devised certain property to Canal, trustee to be made part of a trust that she created in 1934. The trust was created in 1934 between the testatrix and Canal (P) was a revocable and amendable inter vivos living trust. The trust had been amended in 1942 and again in 1948 on the execution of the will. The trust was again amended in 1955 with the changes in the ultimate disposition of the trust property after the death of the settlor. The amendment was not made with the formalities required under the Statute of Wills.

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