Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Davis v. Walker

The beneficiaries of a revocable trust showed that the trustee failed to exercise reasonable care in the management of the trust assets.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this action for breach of fiduciary duty, the beneficiaries of the Glennys Marr Davis Revocable Trust filed suit against the trustee, Lee Edward Davis, and sought the removal of Davis as trustee, the return of certain funds to the Trust, and attorney fees. Following a bench trial, the trial court granted the beneficiaries’ request for Davis’s removal as trustee, finding that Davis had breached his fiduciary duty by violating his duty to provide an annual accounting to the beneficiaries, by committing waste, and by creating a conflict of interest between himself and the beneficiaries. The trial court further ruled that the funds from the joint account did not have to be returned because they were solely vested in Davis and were not Trust property. Attorney fees were not awarded to either party. These cross-appeals followed. In Case No. A07A0907, Davis appeals the trial court’s finding that he breached his fiduciary duty by committing waste and creating a conflict of interest.1 In Case No. A07A0908, the beneficiaries appeal the trial court’s ruling that the funds from the joint account were not Trust property and its denial of their request for attorney fees. For the reasons set forth below, we affirm in both cases.

A07A0907

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Go to Lawjobs