Kinniburgh v. Moncur
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The Supreme Court affirmed the judgment of the district court ruling in favor of Jacqueline Moncur and Rosemary Kinniburgh, co-trustees of the J. Kent Kinniburgh Revocable Trust, in this lawsuit brought by Janel Kinniburgh, one of the beneficiaries of the Trust, holding that the district court did not err.
Janel, one of the trustees of the Trust, brought this action against her sisters, alleging that they breached certain fiduciary duties. The district court ruled in favor of the Trustees on most claims, concluding that the Trustees breached their duties of loyalty and impartiality but finding that Janel failed prove damages resulting from that breach. The Supreme Court affirmed, holding that the district court (1) erred when it found that the Trustees did not breach their duty to inform and report, but Janel failed to show that the Trust sustained damages; (2) did not err in concluding that the Trustees did not breach their duties of impartiality or prudent administration; and (3) did not err in deciding not to award attorney fees, monetary damages, or remove the Trustees.
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