In re the Estate of DeNeau

OPINION OF THE COURT

C. Raymond Radigan, J.

This cross petition by the trustee of a testamentary trust is brought to obtain recoupment of the distributions of principal made to the remaindermen of the trust. In a decision rendered on February 8, 1988, this court found the partial distributions of principal made to the remaindermen were unlawful, and directed the trustee to return the money. This determination was without prejudice to a proceeding by the trustee to obtain reimbursement from the remaindermen who benefited from the payment.

In their answer to the cross petition, the remaindermen…