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The petition in the litigation among the children included
claims against the trustees for an accounting, breach of trust,
breach of fiduciary duties, abuse of discretion, negligence, and
self-dealing and sought the removal of Eugene Earle Stone, IV, C.
Rivers Stone, and Mr. Brausch as trustees of the trusts. The
petition alleged in part as follows:
1. Petitioners are beneficiaries of a certain
Agreement and Declaration of Trust, dated December 30,
1976 and entered by and between Respondents, E.E.
Stone, IV, C. Rivers Stone, and John J. Brausch, as
Trustees, (Hereinafter “Trustees”) for two Trusts
established and funded by Eugene E. Stone, III. * * *.
* * * * * * *
9. As Trustees of the two Trusts, Respondents,
Trustees, control 100% of the shares of Stones, Inc.
* * * * * * *
11. In their positions as Trustees, Respondents
control, and have controlled since the inception of the
Trusts on December 30, 1976, and for a period of six-
teen (16) years, the election and appointment [sic]
officers and directors of Stone Manufacturing Company,
Inc., by virtue of their control of all of the stock of
Stones, Inc. and, by reason thereof, 83.4% of shares of
stock of Stones [sic] Manufacturing Company, Inc.
* * * * * * *
16. Respondents’, Trustees’, control of the
companies has allowed them to appoint themselves as
directors and officers of Stone Manufacturing Company,
Inc.
17. E.E. STONE, IV, C. RIVERS STONE and JOHN
BRAUSCH are the officers and directors for Stones, Inc.
* * * * * * *
21. Respondent Trustees, for sixteen (16) years
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