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Remedies Keyed to Tabb, 8th
Verenes v. Alvanos
Citation:
387 S.C. 11, 690 S.E.2d 771 (2010)Facts
HCC Investments, Inc. established a charitable remainder unitrust on August 2, 2000, with Nicholas L. Alvanos serving as trustee. Robert C. Penland was President of HCC and also a beneficiary of the trust. In 2005, HCC successfully petitioned to remove Alvanos as trustee, and Penland was appointed successor trustee. Subsequently, James L. Verenes became successor trustee and filed suit against Alvanos in probate court alleging breach of fiduciary duty of care and breach of fiduciary duty of loyalty. The complaint sought restoration to the trust of any lost income, lost capital gain, and lost appreciation in value, as well as disgorgement of all commissions and profits Alvanos received on the trust’s purchases of annuities. Alvanos demanded a jury trial, arguing the action was primarily legal in nature seeking money damages. The probate court denied the demand, and the circuit court affirmed.
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