In re Robert and Irene Redland Family TrustAnnotate this Case
The Supreme Court affirmed the decision of the district court not to remove Lisa Kimsey as co-trustee of the Redland family’s irrevocable trust or to terminate the trust, holding that the district court did not err or abuse its discretion.
Two of the three appeals consolidated in this decision related to Rolly Redland’s counterclaim to remove Kimsey as co-trustee for allegedly breaching her fiduciary duties and interfering with trust administration. The third appeal concerned Kimsey’s request to terminate the trust on the grounds that it was invalid and otherwise failed to achieve the settlers’ intended purposes. The district court decided not to remove Kimsey as co-trustee or terminate the trust. The Supreme Court affirmed, holding (1) res judicata barred Kimsey’s claim that the trust was invalid; (2) the district court did not err in finding that a material purpose of the trust remained; and (3) the district court did not err when it retained Kimsey as co-trustee of the trust.