Beasley v. M. Wells

Lindsey Osborn Beasley, individually and as trustee of the Joseph Waintraub Management Trust; Kourtney Osborn Naish; and Susan W. Stocks (hereinafter collectively referred to as “the respondents”) appeal from a summary judgment entered in favor of Alan M. Wells. 1 We reverse and remand.

Facts and Procedural History

Joseph Waintraub, the father of Wells and Stocks, died on January 21, 2007. Waintraub had executed a will in 2002 (“the will”). Among other things, the will deposited the residue of the estate into a trust, known as the Joseph Waintraub Management Trust, created contemporaneously…