JP Morgan Chase Bank, N.A. v. Longmeyer

Dissenting Opinion by

Justice SCHRODER.

This case turns on the trustee’s duties and obligations, if any, to a settlor and to the beneficiaries, after the trust is revoked. It is black letter law that upon the execution of a trust, the person accepting the position of trustee has a duty to execute the trust according to the intent of the settlor. Hurst v. First Ky. Trust Co., 560 S.W.2d 819, 822 (Ky.1978) (explaining that a trustee’s distribution of the trust property in a way that violated the settlor’s intent was a violation of the trustee’s duty as a fiduciary); see also KRS 886.452(l)(a).…