Potter

This action instituted by Bernard Potter, Sr., seeks judgment removing defendant John Moran as trustee of two testamentary trusts, annulment of orders approving certain accounts of the trustee which awarded fees to the trustee and his attorneys, and ordering the restoration of the same to the trusts. At the conclusion of plaintiff’s evidence findings and judgment were in favor of defendants, and plaintiff appeals.

The attack upon the orders sought to be annulled is grounded upon charges of extrinsic fraud upon the court that approved the accounts, and the basis of the other relief sought is essentially alleged breach of fiduciary duties of the trustee and his attorneys.

There were two major issues in the trial court, namely, whether there was extrinsic fraud in procuring approval of the accounts and, if so, whether the trusts suffered detriment for which redress should be granted. We address our attention to the fraud issue.

We have reached the conclusion that the failure of the court to render judgment annulling the orders approving the accounts in question was in error and that the judgment must be reversed.

There are two trusts under administration; one created by the will…