Sorrel v. Sorrel

OPINION

DORSEY, Justice.

This issue in this case is whether a Trustee’s power to partition trust assets, realty, survives the termination of the trust. We hold that only those powers incidental to winding up the trust survive termination and, as the partition of realty is not necessary to closing the trust under the circumstances, the trustee could not partition realty among the beneficiaries.

Facts

Frank D. Sorrel died on February 6, 1981, leaving a will that established two trusts: a Wife’s Trust and a Family Trust. This case focuses on the Family Trust. Frank appointed his wife, Katherine, and…