TRUSTS-POWER TO REVOKE THROUGH UNRESTRICTED POWER TO AMEND

Plaintiff and defendant were the settlors and trustees of a twenty year trust created in 1945. Their wives were the beneficiaries. The settlors retained the unrestricted power to amend the trust, but reserved no power to revoke. In October, 1945 the trust was amended, giving to either trustee the power to terminate the trust at any time, upon notice to the other trustee.

In 1947, plaintiff gave notice of revocation to the defendant, and when this notice was ignored, plaintiff petitioned for a decree of termination. A demurrer was sustained, and plaintiff appealed. Held, reversed. ''If the power to modify is subject to no restrictions, it includes the power to revoke the trust." Stahler v. Sevinor, (Mass. 1949) 84 N.E. (2d) 447.