DAVIS V. U.S. BANK NATIONAL ASSOCIATION
243 S.W.3d 425 (2007)
NATURE OF THE CASE: U.S. Bank National Association (D) appealed from the trial court's
summary judgment in favor of Harold A. Davis (P).
FACTS: P's grandfather, Ayers (Ayers), executed a Living Trust Agreement (the Trust),
pursuant to which Ayers appointed himself and Mercantile Trust Company, National Association
(Mercantile), as Co-Trustees. Ayers executed a Trust Indenture, pursuant to which Ayers
appointed Mercantile as the Trustee and P as the income beneficiary of the Trust, entitled
to receive the entire net income of the Trust for life. Upon P's death, the principal of the
Trust is to be divided among P's then living children in equal shares and distributed to
each child (in trust if under the age of 21 and 'outright' if 21). P has two children,
Dillon (Son) and Marguerite (Daughter). If P has no surviving children upon his death, P's
share of the Trust 'shall pass to his or her heirs at law who are direct descendants of
[Ayers]&.' In the event that there are no heirs at law who are direct descendants of Ayers
at the time of P's death, the principal passes free of trust to Lafayette College, Easton,
Pennsylvania. P filed a petition (seeking the removal of D as Trustee, the appointment of
U.S. Trust Company of Delaware (UST) as successor Trustee, and an order transferring the
Trust assets to UST. D asserted that the court lacked subject matter jurisdiction to hear
the dispute because P had failed to join as necessary and indispensable parties all of the
Trust's beneficiaries and that the Petition failed to state a claim because P could not
virtually represent the other two qualified beneficiaries, Son and Daughter. D filed a
Motion to Dismiss the Petition for failing to join necessary and indispensable parties. P
filed a Motion for Summary Judgment asserting that he had satisfied all of the statutory
elements for removing a trustee. The court removed D as Trustee and appointed UST as
successor Trustee of the Trust. This appeal followed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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