Davis v. U.S. Bank National Association

243 S.W.3d 425 (2007)

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Nature of the Case

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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.