King

I.

INTRODUCTION

Plaintiff Tammy King appeals from a judgment entered in favor of defendant Barbara Johnston. Tammy, a beneficiary of the Arthur L. Gilbert Testamentary Trust, sued Barbara in a civil action, alleging that Barbara had unduly influenced the trustee, Lenora Gilbert, to breach the trust. According to Tammy, Barbara induced Lenora to transfer a piece of trust property to herself, without consideration, after which Barbara induced Lenora to mortgage the property for a personal loan. The bank eventually foreclosed on the property, and Lenora lost title. Tammy also alleged that Barbara took money and rents that belonged to the trust and used them for her own personal benefit.

Tammy asserted, in the alternative, that Barbara had essentially taken over the role of trustee while Lenora was still alive but in faffing mental and physical health, and that Barbara’s actions during this period of time constituted a breach of trust. Tammy further alleged that after Lenora’s death, Barbara acted as trustee and thus became a trustee de son tort and that Barbara breached her duties as trustee during that period of time by failing to properly care for and/or recover trust…