Edmunds v. Edmunds

Petitioner appeals a judgment dismissing his petition to remove respondent as trustee of a trust established by the parties’ deceased mother. Both parties are beneficiaries of the trust. The issue is whether a clause in an arbitration agreement that required petitioner to file an arbitration petition within 30 days was enforceable after respondent failed to comply with certain time provisions in the agreement. We reverse.

The relevant facts are undisputed. In July 2001, petitioner filed a petition in probate court seeking to remove respondent as trustee, require an accounting, deny…