Stewart

Orval William Stewart, trustee and beneficiary of an irrevocable trust, appeals the denial of his petition for authority to change the designated successor trustee.

Facts

On November 12, 1970, appellant and his wife created an inter vivos trust, the corpus consisting mainly of commercial buildings, at least some of which were community property. The trust was sweepingly amended on June 30, 1983. Under the terms as amended, the death of one trustor triggered a division of the trust estate into three trusts: Trust A, containing the vested community property interests and separate property of the surviving trustor, and Trusts B and C, containing the deceased trustor’s interest. The surviving trustor would retain the power to amend or revoke Trust A; Trusts B and C would be irrevocable. The surviving trustor would be a beneficiary of all three trusts. Orval Stewart was named as trustee; Tom Towse was designated as successor trustee should appellant be “unable or unwilling to serve”; Crocker National Bank was designated as alternate successor trustee should Towse himself be unable or unwilling.

Mrs. Stewart died in February 1985. On March 4, 1987, Mr. Stewart’s attending…