Whalen v. Whalen

The defendant, Joseph Whalen, testamentary trustee of the estate of Kathryn Joan Whalen, deceased, appeals the ruling of the trial court finding that plaintiffs are vested remaindermen entitled to an accounting from the trustee. We affirm.

Decedent was married to Joseph Whalen, the defendant, and they had five children, Bernard, Patrick, Barbara, Susan, and Kathleen. Bernard and Patrick are the plaintiffs in the present action.

Kathryn Joan Whalen died testate on March 12, 1980. Decedent’s will was admitted to probate on March 24, 1980. Defendant was appointed executor and trustee of the…