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liabilityfiduciaryprobatetrustwill
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In re Estate of Silsby, 914 A.2d 703, 2006 ME 138

Facts

Alice Silsby created a will that established trusts for her sisters, with the remainder to be distributed to the children of her siblings after their deaths. Herbert T. Silsby II, her nephew, was appointed as the trustee. After Alice's death, Herbert misinterpreted the will, believing that the trust residue should not go to subsequent generations, and he delayed distributions until after the deaths of the lifetime beneficiaries. This led to a legal challenge from the Bridges Estate, which sought to clarify the will's terms and contest the trustee fees.

Herbert interpreted Alice's will according to his understanding that Alice did not intend to leave devises to generations beyond her nieces and nephews.

Issue

Did the Probate Court err in its interpretation of Alice Silsby's will, and was the surcharge against the trustee warranted for his breach of duty?

Did the Probate Court err in its interpretation of Alice Silsby's will, and was the surcharge against the trustee warranted for his breach of duty?

Rule

The intention of a testator as expressed in their will controls the legal effect of their dispositions, and a trustee has a duty to administer a trust expeditiously for the benefit of the beneficiaries.

The intention of a testator as expressed in his will controls the legal effect of his dispositions.

Analysis

The court found that the will unambiguously stated that Donald Bridges's share vested upon Alice's death, contrary to Herbert's interpretation. The court determined that Herbert's failure to seek legal advice or consult the Probate Court constituted a breach of his fiduciary duties, justifying the surcharge for the amount owed to the Bridges Estate, including interest.

The court determined that the will is unambiguous, and that the following clause, found at Article III, ¶ 1(a)(1)(a), provides that Donald's one-fifth share vested upon Alice's death: Upon the death of the survivor of the beneficiary and me the Trustees shall distribute of that trust the principal, as then constituted, and any undistributed income as follows: (a) [O]ne fifth in equal shares to the children who survive me of my sister, Frances S. Bridges, (but not to any of the descendants of any of them who do not survive me).

Conclusion

The Supreme Judicial Court affirmed the Probate Court's judgment, holding that the trustee's actions warranted personal liability for the judgment amount plus interest.

The entry is: Judgment affirmed.

Who won?

The Bridges Estate prevailed in the case because the court found that the trustee had misinterpreted the will and breached his fiduciary duties.

The Probate Court surcharged Herbert individually the amount owed to the Bridges Estate, including the interest; approved the $18,641 in trustee fees as reasonable; and ordered Herbert to pay $937 in attorney fees.

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