Andrews v. Gorby, No. Cv00 03790 29 (Jul. 31, 2001)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION MOTIONS FOR SUMMARY JUDGMENT (#107 and #109)

The parties present, as cross motions for summary judgment, whether, in the context of an accounting order, a Probate Court has subject matter jurisdiction to remove a trustee of an inter vivos trust appointed by the trust settlor.

I. Jurisdiction

[In general, "[a]n appeal from probate is not so much an `appeal' as a trial de nova with the Superior Court sitting as a Probate Court and restricted by a Probate Court's jurisdictional limitations." Gardner…