Butler v. LeBouef
Annotate this CaseJohn F. LeBouef, an attorney, appeals a probate judgment invalidating a will and living trust purportedly executed by John Patton. Patton's will and trust named LeBouef as the principal beneficiary to a $5 million estate. The trial court factually found that LeBouef caused the loss of the original trust instrument, which made it impossible for the trial court to determine the true terms of the trust. The trial court declared the will and trust invalid and removed Lebouef as trustee. The court affirmed the judgment, concluding that the trial court's factual findings are disturbing, fatal to LeBouef's contentions, and suggest criminal culpability. The court also affirmed the trial court's postjudgment order approving LeBouef's trust accounting but denied his request for trustee fees, attorney fees, and reimbursement for out-of-pocket expenses and property management services where the trial court ruled that an award for fees, costs, services, and out-of-pocket expenses would be inequitable and reward LeBouef for his misconduct.
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