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

The trustee of the trust in question was directed to pay to or for Defendant such part of the income as the trustee in his sole discretion shall deem necessary for his reasonable support, maintenance and health and to pay or apply principal for these purposes as the trustee shall deem necessary and proper under the circumstances. The trial court found that there was nothing in the trust instrument indicating an intent by the settlor to provide for D's children and that no vested interest existed because the trust was fully discretionary.

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