In Re Temple Marital Trust

Petitioner Wallace Temple appeals by-right the order of the probate court denying his request for attorney fees, granting the request of respondents Ralph and Dean Temple for attorney fees, denying petitioner’s request for partition, and ordering the sale of the main asset of the Clarence W. and Florence A. Temple Marital Trust, the family farm. We affirm.

I. FACTUAL BACKGROUND

In an earlier appeal, this Court held that Clarence Temple’s attempt after Florence Temple’s death to amend the terms of the trust regarding distribution, and to nominate Ralph rather than Dean as the successor trustee…