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In re Welsh Qualified Trust

Supreme Court of Louisiana
Jun 13, 1997
696 So. 2d 549 (La. 1997)

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


Summaries of

In re Welsh Qualified Trust

Supreme Court of Louisiana
Jun 13, 1997
696 So. 2d 549 (La. 1997)
Case details for

In re Welsh Qualified Trust

Case Details

Full title:IN RE MARY BELSOM WELSH QUALIFIED TRUST

Court:Supreme Court of Louisiana

Date published: Jun 13, 1997

Citations

696 So. 2d 549 (La. 1997)