Shriners Hospitals for Crippled Children v. Smith

The sole issue presented in this appeal is whether a vested remainderman has the right to an accounting from the trustee when the terms of the trust do not specifically provide for such an accounting.

On September 23, 1983, Mary L. Robertson executed an inter vivos trust, naming Noah Mack Smith (Smith) as trustee. The trust agreement provided that, during Robertson’s lifetime, Smith would distribute to her the entire net income of the trust plus so much of the principal as Robertson should request. Upon Robertson’s death, Smith was directed to pay all the trust income to Ethel Maxwell,…