Hardiman v. Hardiman

A judgment, entered after adoption of a master’s report, did not include a provision recommended by the master that the defendants be removed as cotrustees of a trust. The plaintiff appeals, claiming that the judgment was impermissibly inconsistent with the report. We affirm the judgment.

The plaintiff and his wife 2 established the Elm Street Realty Trust in 1971. The income beneficiaries were the donors and their two sons, who are the defendants in this action, and the remainder beneficiaries were the two sons. All four beneficiaries were named as trustees. The trust instrument gives the…