The applicant estate trustees applied to pass their accounts.
The respondent beneficiary objected, arguing the trustees breached their fiduciary duties by failing to act with an even hand and depleting the trust capital for the benefit of one beneficiary (the respondent's father) to the detriment of the others.
The court found that the will did not relieve the trustees of their duty to act impartially.
The trustees failed to consider the interests of the other beneficiaries, failed to make necessary inquiries regarding the necessity of the encroachments, and improperly allowed trust capital to be used to satisfy the father's personal child and spousal support obligations.
The application to pass accounts was dismissed, and the trustees were ordered jointly and severally to repay $145,000 to the trust.
