In re Theodora Nickels Herbert Trust

Respondent, Frederick A. Herbert, appeals by right the trial court’s order naming petitioner, Barbara Ann Williams, the successor beneficiary to William James Herbert’s interest in the Theodora Nickels Herbert Trust. We affirm.

Theodora Nickels Herbert created the trust for the benefit of herself and her three children. Upon her death, the trust became irrevocable and the trust estate was divided into equal shares for the benefit of her children—William James Herbert (William), Elizabeth Ellis Sherman, and respondent, the trustee. Article V, § 1 of the trust agreement provides that “[t]he…