This question should be answered using two IRAC structures. Please include all relevant key words in your answer.
Bill and Hank have been going to the same bar for years. Bill creates a trust to give money to the bar owner and designates Hank as the trustee. The bar owner dislikes that Hank is the trustee, because Hank gets drunk every day and is depressed. The bar owner petitions the court to remove Hank as trustee. However, Hank argues that drinking and depression are not grounds for his removal. He provides evidence that he has been performing all of his duties as trustee and that Bill knew of Hank’s drinking and depression when the trust was created.
Can the court allow Hank to continue as trustee?
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Hint
To answer this question, you should think about and discuss first whether drinking and depression are grounds for removing Hank as trustee and second, whether Hank can be allowed to remain trustee regardless.
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Drinking and Depression
Remaining Trustee
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