In Re the Cecilia Kincaid Gift Trust for George, 2012 MT 119

Gloria LaMott and Glenn Kincaid, Jr. appeal a September 6, 2011 district court order distributing Cecilia Kincaid Gift Trust for George proceeds.
Trust established December 1976; grantor Cecilia Kincaid Bates; co-trustees George W. Kincaid and Richard E. Peterson; George was sole lifetime beneficiary.
George died October 15, 2009 intestate; remaining trust funds were to be distributed to George’s living descendants per Article XIII, § 3.
Jennifer Fazio (born after trust, biologically George’s child, later adopted) objected to a proposed distribution that would exclude her.
District Court held Jennifer was a living descendant entitled to distribution; trustees appeal the interpretation of “descendant” defined in the trust.
Trust instrument defines “descendants” to include adopted children as descendants of their adoptive parents and not of the natural parent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Jennifer Fazio is a “descendant” of George under the Trust	Fazio should be included as a descendant under Art. XIII, §3	Adopted child language makes Jennifer a descendant of her adoptive parents, not George	Jennifer is not a descendant of George under the Trust

In re: Marjorie Q. Ward Revocable Trust, 2011 MT 308 (Mont. 2011) (plain language governs; construes trust words in ordinary sense)
Mary J. Baker Revocable Trust v. Cenex Harvest States, Coops., Inc., 338 Mont. 41, 164 P.3d 851 (Mont. 2007) (ambiguous terms may admit extrinsic evidence under § 1-4-101, MCA)
In re: The Charles M. Bair Family Trust, 343 Mont. 138, 183 P.3d 61 (Mont. 2008) (plain language control; interpretation limited to words used)