RYNE W. BROWN v. CATHERINE L. BROWN, Trustee, ET AL. - Articles

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Posted by: Tanja Trezise on Apr 16, 2013

Court: TN Court of Appeals

Attorneys 1:

Kevin A. Snider, Germantown, Tennessee, for the appellant, Ryne W. Brown

Attorneys 2:

Lynn W. Thompson, G. Patrick Arnoult, Memphis, Tennessee, for the appellees, Catherine L. Brown, Trustee, Catherine L. Brown, individually, Cathleen Lucille Brown Sibley, Graham W. Sibley, Hilary E. Sibley Murphy, Aiden Patrick Murphy, a minor, Ashley Mills Sibley, and Alexander Mills Sibley

Judge(s): HIGHERS

This case involves a trust. In a previous appeal, this Court remanded for the appointment of a corporate co-trustee as specifically required by the terms of the trust. Thereafter, the defendant existing trustee, who is also a beneficiary, unilaterally appointed a corporate cotrustee and then sought to have the trial court “ratify” her appointment. The plaintiff beneficiary challenged the appointment, claiming that the trustee was not authorized to unilaterally appoint a corporate co-trustee and arguing that the corporate co-trustee who was chosen did not meet the qualifications listed in the trust agreement. After hearing some testimony about the proposed co-trustee, the trial court decided that the plaintiff beneficiary lacked standing to participate in the selection or ratification of a corporate co-trustee. The trial court then granted the defendant trustee’s motion to ratify her appointment of the cotrustee. The plaintiff beneficiary appeals. We reverse and remand for further proceedings.

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