Old Kent Bank v. Remainder Beneficiaries

I agree with the majority’s holding that trustee prudence is not an issue triable by a jury. I write separately because I disagree with its reasoning in support of that conclusion. I also disagree with the majority’s holding that trustee good faith is an issue for the jury. I would hold that, with respect to inter *389vivos trusts, both trustee prudence and trustee good faith are matters for the judge, not the jury, under the Revised Probate Code, MCL 700.1 et seq.; MSA 27.5001 et seq.

The question presented, whether these remainder beneficiaries of an inter vivos trust have a right to a jury…