Ottum v. Wells Fargo Bank, N.A. (In Re Trust of Roger S. Linn Restated Trust Agreemen)

Citations

• 2019 ND 58
• 923 N.W.2d 815

Syllabus

The primary objective in construing a trust instrument is to ascertain the settlor's intent. When a trust instrument is unambiguous, the settlor's intent is ascertained from the language of the trust document itself. An ambiguity exists when rational arguments can be made in support of contrary positions as to the meaning of the term, phrase, or clause in question. Whether a trust is ambiguous is a question of law, fully reviewable on appeal.