Fletcher v. Fletcher

Facts

Fletcher executed a revocable inter vivos Trust Agreement. The agreement contained specific provisions for the establishment of a number of trusts upon the grantor’s death, including three separate trusts for the respective benefit of certain children. The three separate trusts were to be in the amount of $50,000 each. The trustees were authorized in their discretion to expend of the benefit of James N. Fletcher, Jr., an adult child of the grantor, such amounts of the net income an principal, of the $50,000 trust as may be necessary to provide him adequate medical insurance and medical care during his lifetime, or until such time as the trust is depleted. They were also authorized to expend, in their discretion, for the benefit of Fletcher’s children such amounts of the income and principal for the benefit of Fletcher’s children. The plaintiff alleged that one of the trust instruments recites that the Grantor transferred, assigned, and set over certain cash and securitie s which were described in a schedule entitled “A” attached to the trust agreement. The plaintiff also alleged that on his m other’s death, he was advised that the trust assets had been transferred to a new trust with the defendants as trustees. The plaintiff requested the details of both trusts from the trustees but the trustees refused to comply with his request. The plaintiff also alleged that the trustee, Henry L. Fletcher, justified his failure to disclose the requested information by stating that his mother requested that the trust terms and dealings be kept confidential, even from the beneficiaries. The trial court issued an order that the plaintiff had an absolute right to complete copies of the Trust Agreement and all amendments refereed to in the pleadings and associated documents. The court ordered the Trustees to provide the plaintiff with full and complete copes of the trust instruments that are referred to in the Bill of Complaint.