Forthmann

The appellant, John F. Boyer, an income beneficiary of the Rosanna Forthmann Testamentary Trust (hereafter the Trust), appeals from the trial court’s order approving the “Sixty-First Account Current” and report (for the year 1999; hereafter the 1999 Accounting) submitted by the cotrustees of the Trust. The current cotrustees are the respondents.

The trial court refused to grant Boyer an additional 210-day continuance of an already twice-continued hearing on the trustees’ petition for approval of the 1999 Accounting. Without filing any objections to the 1999 Accounting, Boyer sought the continuance in order to conduct discovery “to evaluate whether or not any response on objections [to the 1999 Accounting] should be made.” (Italics added.) As we conclude that the trial court did not abuse its discretion in denying Boyer’s request for a third continuance of the hearing and thereafter issuing its order approving the 1999 Accounting, we will affirm. We also conclude, however, that Boyer’s argument with respect to his claimed right to discovery was not frivolous. We therefore will reject the trustees’ request for imposition of sanctions.

Factual and Procedural…