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granted a general testamentary power of appointment. In the
event petitioner does not exercise her power of appointment, the
remaining Trust principal and income will be distributed to Sedra
upon petitioner's death.
The Trust Agreement also provides that, if any person
initiates legal proceedings to invalidate the Trust or to claim
an interest in the Trust, except as otherwise provided in the
Trust Agreement, the Trustee shall distribute $1 to such person,
and, if such person is a beneficiary of the Trust, that person
shall not receive any benefits under the Trust Agreement.
Under the terms of the Trust Agreement, the Trustee is
required to furnish an annual accounting to each beneficiary who
is entitled to receive Trust income or principal. On May 18,
1993, Garland's attorney wrote to petitioner's attorney demanding
an accounting for Trust beneficiaries. At that time, Garland was
not an income beneficiary, and all principal distributions to
which he was entitled under the terms of the Trust Agreement had
been made to him.
On December 2, 1993, Garland filed a lawsuit against
petitioner, individually and as beneficiary and Successor Trustee
of the Marital Trust, and Sedra. The complaint initiating the
lawsuit stated five "claims for relief" against petitioner and
Sedra. They were as follows:
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Last modified: May 25, 2011