Dawson v. Stoner-Sellers (Majority, with Dissenting)
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In this case involving the administration of several family trusts the Supreme Court reversed the denial of a jury trial on Appellant's legal claims and affirmed in all other respects the order of the circuit court denying Appellant's petition to direct trustee to issue trusts reports and accountings and for removal of trustees and for other relief, holding that the circuit court erred by denying Appellant a jury trial on his legal claims but otherwise did not err.
Specifically, the Supreme Court held (1) the chief justice had jurisdiction to appoint a special judge in the case; (2) the circuit court erred by denying Appellant a jury trial on his legal claims, but Appellant was not entitled to a trial by jury on his equitable claims; (3) the circuit court did not err by relying on extrinsic evidence to determine settlor intent; (4) the circuit court did not err by denying Appellant's claim for failure to provide an accounting or in declining to appoint a special master; and (4) the circuit court did not err in not invalidating trust amendments.
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