Evertson v. Evertson Fiduciary Management Corp.
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The Supreme Court affirmed in part and reversed in part the judgment of the district court, on a motion for judgment on the pleadings, resolving disputed questions of material fact concerning the propriety of Petitioner's proposed decanting of trust property, holding that the court properly concluded that Petitioner had the general authority to decant the trust property but erred in resolving disputed factual issues concerning the appropriateness of the proposed decanting.
Petitioner, as trustee of a trust, filed a petition for instructions asking the district court to confirm its general authority to decant trust property under Wyoming law and the trust agreements and further sought approval of its proposal to decant the trust's property into two separate trusts. The district court granted Petitioner's motion for judgment on the pleadings, concluding that decanting was permissible. The court, however, also resolved disputed questions of material fact concerning the propriety of Petitioner's proposed decanting. The Supreme Court reversed in part, holding that the district court's order went beyond the discrete legal question of whether Petitioner had the general authority to decant trust property.
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