Bank of the West v. Sunset Memorial Park Cemetery Ass'nAnnotate this Case
The Supreme Court affirmed in part and reversed in part the order of the county court accepting the resignation of the trustee for a trust fund created for the perpetual care and maintenance of the Sunset Memorial Park Mausoleum, ordering the trustee to pay trustee fees, attorney fees, costs, and expenses incurred during the prosecution of the petition, and failing to provide for future trust management.
The Trustee in this case sought to terminate the perpetual care trust due to circumstances not anticipated at the time the trust was created. Myrtle Hughbanks, Sunset Memorial Park Cemetery Association, Inc., and others opposed terminating the trust. The county court found that the Cemetery Association lacked standing and accepted the resignation of the Trustee. The Cemetery Association and Hughbanks appealed. The Supreme Court affirmed the county court's denial of the parties' motions for attorney fees but reversed the order of discharge and associated award of fees, holding (1) in addition to Hughbanks, the Cemetery Association possessed standing; and (2) due to the perpetual nature of a mausoleum trust, the county court erred in granting the Trustee's request for resignation and discharge without the Trustee's having identified and requested the appointment of a successor trustee.