Opinion
No. 97-C-1042
June 13, 1997
IN RE: Welsh, Clifford J.; — Other(s); Applying for Writ of Certiorari and/or Review; Parish of Jefferson 24th Judicial District Court Div. "G" Number 441-158; to the Court of Appeal, Fifth Circuit, Number 96-CA-0770
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, STATE OF LOUISIANA
Granted. See order.
CDK
WFM
BJJ
CDT
CALOGERO, C.J. would grant and docket.
LEMMON, J. would grant and docket.
VICTORY, J. would deny the writ.
KNOLL, J. not on panel.
Writ granted.
The judgments of the lower courts are vacated and set aside. The case is remanded to the district court for further proceedings. The presence of dissension between the trustee and beneficiaries, or mere animosity or hostility alone, without a showing of material impairment or interference with proper trust administration, does not rise to the level of "sufficient cause" that would prompt the trustee's removal under La.R.S. 9:1789. Succession of Dunham, 408 So.2d 888, 900 (La. 1981); see also Albritton v. Albritton, 622 So.2d 709 (La.App. 1st Cir. 1993).
CALOGERO, C.J., and LEMMON, J., would grant and docket.
VICTORY, J., would deny the writ