In re Mary Belsome Welsh Qualified Trust

ON APPLICATION FOR REHEARING TO THE SUPREME COURT, STATE OF LOUISIANA

PER CURIAM.*

Rehearing granted. Upon further consideration, we now determine our action of June 13,1997 was in error.

Although the trial court stated its removal of Mr. Welsh was not based on any determination of fault, it is apparent that Mr. Welsh breached his duty as trustee as noted by the trial court by failing to timely file required accountings and attempting to dispose of trust assets. Such actions by Mr. Welsh are sufficient cause for his removal under Louisiana Revised Statutes 9:1789. As we stated in Succession of…