FLETCHER V. FLETCHER 480 S.E.2d 488 (1997) CASE BRIEF

FLETCHER V. FLETCHER

480 S.E.2d 488 (1997)

NATURE OF THE CASE: This was a dispute over the trustee's duty to provide information about the trust and other documents relating to the trust. Trustees (Ds) of three trusts created under a single trust agreement, appealed an order which found in favor of Jr. (P), the beneficiary of one of the trusts, in his suit to compel Ds to provide him with complete copies of all trust instruments in their possession.

FACTS: Mrs. Fletcher executed a revocable inter vivos trust that contained specific provisions for the establishment of a number of trusts upon the Grantor's death including three separate trusts for the benefit of James Fletcher, an adult child of the Grantor and his two children, Andrew and Emily. The three separate trusts were to be in the amount of $50,000 each. The trust agreement appointed Henry, another adult child or Mrs. Fletcher, and F&M Bank as successor trustees to act upon Grantor's death. The trust for James directed payment of the corpus as may be necessary to provide for medical care and insurance during the lifetime or until depleted and if any is left upon death; payment over to his surviving children. As for the children, their trusts were discretionary and the Trustees were authorized to expend for the children's benefit such income and principal as they deem advisable. Mrs. Fletcher died in 1994 and James sued in 1995 in the present action to have the Trustees comply with his request to turn over certain papers used to form the trust. The Trustees demurred in that the bill of complaint failed to state a cause of action. Pursuant to an agreed upon order, the Trustees filed under seal, the Trust Agreement. The trial court then ruled that James was entitled to see all provisions of the Trust Agreement. The Trustees appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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