Wills Trusts & Estates keyed to Dukeminier
Shriners Hospitals for Crippled Children v. Gardiner
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Gardiner created a trust and appointed Jane as trustee, Charles first alternate trustee, and Robert second alternate trustee. Jane did not have investment experience, so she left all the investment decisions to Charles, an investment counselor and stockbroker. Charles embezzled $317,000 from the trust. All of the investment decisions were made by Charles. Jane’s lawyer stated that for all practical purposes, Charles really served as trustee. Dean Witter Reynolds, a major brokerage house, gave Charles access to the trust account. Jane created the trust account and it held it in her name.
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