Wheeler by and Through Wheeler v. Mann

STEWART, Justice:

This is an action by David Wheeler, the minor beneficiary of a testamentary trust, and his guardian father, Mark Wheeler, to recover the trust corpus and damages from the trustee, Stanley C. Mann, for his breach of loyalty to the trust by self-dealing. The trustee appeals a summary judgment awarding the beneficiary $235,137.88, the amount of the trust fund plus interest, and attorney fees in the amount of $8,000. We affirm.

Joan Wheeler, David’s mother, established a testamentary trust naming David as the beneficiary and defendant Stanley Mann, her uncle, as the trustee. Joan…