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Conte v. Conte

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OPINION

This is an appeal of two summary judgments, awarded in a declaratory judgment action. In the first summary judgment, the trial court ruled that an action by one co-trustee to remove another would not violate the “in terrorem” or “no contest” clause in the trust. In the second, the trial court ruled that the co-trustee who defended the action was not entitled to be reimbursed for his attorney’s fees from the trust. Appellant presents two issues, asserting the trial court erred in granting the summary judgments because (1) a suit to remove a co-trustee violates the plain language of the trust’s in terrorem provision, and (2) the trust provides for the reimbursement of a co-trustee’s legal fees and costs. We affirm.

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