Parr v. Cushing

SHARP, Judge.

Parr and Harrell appeal from a final declaratory judgment removing them as trustees under a “Contract for Care and Guardianship” of their mother, Grace Harrell. Under this agreement, Grace conveyed her home to the trustees and they agreed to provide for her care and support for the balance of her life, and upon her death, to divide the remainder of the property equally among her living children.1 We reverse.

At the time of this litigation, Grace’s home had been sold, and the trustees were holding and managing a purchase money mortgage and various funds generated by the mortgage of…