Supreme Court of Delaware

Graham v. Graham

March 5, 2021

Summary

The Supreme Court of Delaware affirmed the Court of Chancery's judgment approving the trustee's supplemental accounting, declining to remove the trustee, awarding the beneficiary a limited surcharge for delayed notice of the trust, and allowing most litigation fees to be paid from the trust. The court held that the available statements, records, invoices, and other evidence adequately supported the trustee's discretionary distributions for his support and maintenance. It also found no abuse of discretion in the remedy for the trustee's failure to inform the beneficiary or in the fee award.