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

Darlene created the Darlene Patterson Family Protection Trust in 1999. The Trust property was to be used for Darlene's benefit during her lifetime. Upon her death, Darlene's children were to each receive a portion of any remaining Trust property. The Trust was a 'living' or 'inter vivos' trust, in which Darlene 'reserved the right to amend, modify, or revoke the Trust in whole or in part, including the principal, and the present or past undisbursed income from such principal.' The document states that 'revocation or amendment . . . may be in whole or in part by written instrument.' And the Trust provides that 'the interests of the beneficiaries are presently vested interests subject to divestment which shall continue until this Trust is revoked or terminated other than by death.' In 2006, Darlene executed an amendment to the Darlene Patterson Family Protection Trust remove Darlene's son, P, as a beneficiary. Eleven months after executing the Amendment, Darlene passed away. P filed a lawsuit against the Trust and Darlene's estate in which he sought a declaration that the Amendment was void because it violated the terms of the Trust. The district court granted P's motion for partial summary judgment and denied d's cross-motion. The district court ruled that the Amendment was invalid because it attempted to completely divest P of his interest in the Trust without revoking the Trust, as required by prior case law. D appealed.

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