Mueller v. Mueller

Three major issues are presented on this appeal:

1. Did the trial court err in determining that the co-trustees had a duty to diversify the single asset of the trusts, the Worthington stock, and that this duty was breached by the failure to sell in October or November of 1961?

2. Are the beneficiaries of the trusts estopped from making any claim against appellant ?

3. Is appellant entitled to indemnification or contribution from his cotrustee as to any part of the amount of his surcharge on the two testamentary trusts ?

Diversification of the Trusts.

The trial court concluded first that the…