The Fifth Third Bank v. Simpson

Gorman, Judge.

Plaintiffs-appellants, Fifth Third Bank and Nelson Schwab, Jr., trustees of a trust established under the 1957 will of Lowe E. Simpson, appeal from the probate court’s refusal to amend the terms of the trust. The appellees, the three sons of the settlor, in these unusual circumstances, join the trustees in requesting reversal. The principal issue is whether the probate court abused its discretion by denying the unopposed request to give two of the settlor’s sons a special testamentary power of appointment. Because the probate court did not act arbitrarily, unconscionably, or…