¶ 17 We review a district court's findings of fact to determine whether those findings are clearly erroneous. In re Estate of Berthot, 2002 MT 277, ¶ 21, 312 Mont. 366, 59 P.3d 1080 (citing In re Eggebrecht, 2000 MT 189, ¶ 18, 300 Mont. 409, 4 P.3d 1207; In re Estate of Bolinger, 1998 MT 303, ¶ 29, 292 Mont. 97, 971 P.2d 767). We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct.
¶8 We review a district court's findings of fact to determine whether those findings are clearly erroneous. In re Estate of Berthot, 2002 MT 277, ¶ 21, 312 Mont. 366, 59 P.3d 1080. We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct.
"It is a basic principle of trust law that a trust is to be managed to carry out the [settlor's] intent." Collins v. Norwest Inv. Mgmt. & Tr. (in Re Estate of Berthot), 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080 (citing In re Estate of Lindgren, 268 Mont. 96, 100, 885 P.2d 1280, 1282 (1994)). The settlor's intentions control the trust's disposition; the intent is to "be found from all parts of the [trust] . . . construed in relation to each other . . . to form one consistent whole."
The threshold inquiry in any trust case is to examine the language of the trust document. Collins v. Norwest Inv. Mgt. & Trust, 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080. "The trustor's intent controls our interpretation of a trust agreement, and we attempt to discern the trustor's intent from the language of the entire trust agreement, rather than from a particular word or phrase."
When determining a testator's intent, this Court will consider all provisions of the trust as a whole. In re Estate of Berthot , 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080 (citing In re George Trust , 253 Mont. 341, 344, 834 P.2d 1378, 1380 (1992) ). ¶ 13 The William Heirs argue the District Court erred when it failed to apply the anti-lapse statute.
Therefore, the threshold inquiry in any trust case is to examine the terms of the trust document.” Collins v. Norwest Inv. Mgt. & Trust, 2002 MT 277, ¶ 35, 312 Mont. 366, 59 P.3d 1080 (citations omitted). A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a cotrustee or beneficiary.
We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct." In re Estate of Berthot, 2002 MT 277, ¶ 21, 312 Mont. 366, 59 P.3d 1080 (citations omitted). As discussed below, we review a district court's denial of a petition to remove a trustee under an abuse of discretion standard.
We review a district court's conclusions of law to determine whether that court's interpretation of the law is correct. In Re Estate of Berthot, 2002 MT 277, ¶ 21, 312 MT 366, ¶ 21, 59 P.3d 1080, ¶ 21 (citing In re Mark K. Eggebrecht Irrevocable Trust, 2000 MT 189, ¶ 18, 300 Mont. 409, ¶ 18, 4 P.3d 1207, ¶ 18). ¶ 17 Our standard of review for a district court's award of child custody is whether the district court's findings are clearly erroneous.