The plaintiff moved for summary judgment for the balance of proceeds from the sale of a property she held in trust for the defendants, her daughter and son-in-law.
The son-in-law opposed the motion, arguing the plaintiff breached her trust duties by delegating control of the trust funds to her daughter and by selling the property improvidently.
The court dismissed the motion, finding that the plaintiff's delegation of discretionary trust powers and the need for an accounting of the trust funds raised genuine issues requiring a trial.
