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Grunwald v. McCall

Court of Appeals of Arkansas, Division III

October 29, 2014

Grunwald
v.
McCall

Page 218

APPEAL FROM THE CARROLL COUNTY CIRCUIT COURT. NO. PR-2011-10. HONORABLE GERALD K. CROW, JUDGE.

Connie S. France, for appellants.

Kelley Law Firm, a professional limited liability company, by: Glenn E. Kelley, for appellees.

RHONDA K. WOOD, Judge. GLOVER and VAUGHT, JJ., agree.

OPINION

Page 219

RHONDA K. WOOD, Judge

This dispute among ten siblings returns to us after we dismissed an earlier appeal for lack of a final order. See McCall v. Grunwald, 2013 Ark.App. 232 ( McCall I ). The dispute involves approximately 150 acres of real property that was conveyed to a trust established by the parties' parents. One sibling, appellant Donna Grunwald, is opposed by her remaining siblings, appellees Sherall Dean McCall, Reba Gayle McCall Sisco, Richard Marvin McCall, James Paul McCall, Jesse Lee McCall, Mary Jacquline McCall Weems, Sarita Sue McCall (Cox) Meacham, Clara Jeanne McCall Williams, and Randi Colleen McCall Scott (" the siblings" ).[1]

The siblings petitioned the court to terminate the trust, to remove Grunwald as trustee and appoint a successor trustee, and to compel Grunwald to provide an accounting. Grunwald petitioned the court for a declaratory judgment asserting that her mother had executed a valid handwritten amendment to the trust. The court granted Grunwald summary judgment on the siblings' petition. The court directed a verdict in favor of the siblings on Grunwald's complaint. This appeal and cross-appeal challenge those rulings. We affirm on direct appeal and reverse and remand on cross-appeal.

In our first opinion, we set forth the following factual background.

Jack Gail McCall and Vella Marie McCall established the McCall Family Revocable Living Trust, u/d/t July 19, 1994, as the settlors and initial trustees, with Grunwald named as successor Trustee.
. . . .
Jack McCall died . . . [and] Vella McCall, as surviving trustee, executed a quitclaim deed transferring the real property to herself and Grunwald as joint tenants with rights of survivorship. She also ...

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