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Wills, Trusts & Estates Keyed to Sterk
Shriners Hospitals for Crippled Children v. Gardiner
Citation:
733 P.2d 1110 (1987)Facts
Laurael Gardiner established a trust to provide income for her daughter, Mary Jane Gardiner, her two grandchildren, Charles and Robert Gardiner, and a deceased daughter-in-law, Jean Gardiner, with the remainder going to Shriners Hospitals for Crippled Children upon the death of the life income beneficiaries. Mary Jane was appointed trustee, with Charles and Robert as alternates. Lacking investment experience, Mary Jane entrusted the trust’s assets to Dean Witter Reynolds, a brokerage firm, while Charles, an investment counselor and stockbroker, made all investment decisions. Eventually, Charles embezzled $317,234.36 from the trust, leading Shriners to file a petition to surcharge Mary Jane for the full amount.
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