Murphy v. Emery

OPINION

FONES, Justice.

Plaintiff; Nancy Murphy, sued her brother, defendant E. L. Emery, Jr., for breach of duty as a trustee of an inter vivos trust established by their parents. The beneficiaries of the trust are the three children of Mr. and Mrs. E. L. Emery, Sr., plaintiff, defendant, and Mrs. Walker. They were all sui juris when the trust was created in 1965 and at all times relevant to this litigation.

The learned chancellor held that defendant had violated his fiduciary duty by acquiring the real estate upon which the family corporation, Emsco, Inc., erected an of*896fice-warehouse, which…