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

The plan called for the creation of two inter vivos trusts providing for distributions to the ward during her lifetime with the remainder to certain charitable organizations and the other an irrevocable charitable remainder trust which provides for payment to the ward and the remainder to the charitable organizations. Three basic questions were presented on appeal; whether the creation of irrevocable trusts under these circumstances was the making of a will, whether a will could be made under the statutes under these circumstances, and whether the representation of unborn and unascertained heirs by the appointment of a guardian ad litem was proper. Also before the court was whether an estate plan in accordance with a ward's wishes complies with statutory law.

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