McNeil v. McNeil
Delaware Supreme Court
798 A.2d 503 (2002)
- Written by Paul Neel, JD
Facts
Henry McNeil created five trusts, one for each of his four children and one for his wife Lois. Henry led the children to believe they were remainder beneficiaries of the Lois trust. The terms of the trust granted the trustees (defendants) discretion to distribute trust income and principal to Lois, the children, and the children’s lineal descendants as current beneficiaries. The trust also relieved the trustees of liability if they exercised their discretion in good faith. Henry’s son Hank (plaintiff) became estranged from the family. After Henry and Lois died, Hank requested distributions of the Lois trust. Despite having made distributions to Hank’s siblings, the trustees did not respond to Hank’s requests. Hank sued to compel distributions. The trustees notified Hank’s two children, who were also current beneficiaries, to take a position in the suit. Neither Hank nor his children knew they were current beneficiaries. Hank then sued to remove some of the trustees for breach of fiduciary duty and to surcharge the trustees for failure to inform and failure to act impartially. The trial court ruled for Hank, and the trustees appealed.
Rule of Law
Issue
Holding and Reasoning (Walsh, J.)
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