Smack v. Smack

By Judge Everett A. Martin, Jr.

The plaintiffs, two of the beneficiaries of Stephen C. Smack 1996 Revocable Declaration of Trust, filed a complaint seeking an accounting, damages, attorney’s fees, and other relief from the trustee of the trust, their step-brother. The plaintiffs withdrew their claim for punitive damages at trial. The cause was tried on November 9, 2009. I received the last memorandum on January 4 and the transcript on February 17,2010.

The evidence at trial consisted of numerous exhibits and the testimony of two witnesses. In my view of the case, the facts are mostly…