Quick

Robert Quick, Jr., appeals the dismissal with prejudice of his petition for relief from breach of trust. We find the trial court improvidently sustained the trustee’s demurrer to Quick’s second amended petition for relief from breach of trust without leave to amend and reverse with directions to enter a new order overruling the demurrer.

FACTS AND PROCEDURAL BACKGROUND

1. The Samuel D. Blowitz testamentary trust.

Samuel D. Blowitz died testate in 1971. Pursuant to the terms of a testamentary trust, he left the remainder of the trust estate in equal shares to his grandchildren. An order settling first and final account and report of executor filed January 2, 1974, recounts that the trust provides: “Each grandchild living at the time of decedent’s death shall hold undivided equal interests in the trust estate. When a grandchild attains age twenty-five (25), the Co-trustees shall distribute to such grandchild the entire principal of such grandchild’s interest in the trust.”

Samuel D. Blowitz had two children, Adrianne Pearson and J. Michael Blowitz. They were appointed cotrustees of the testamentary trust.

2. Quick alleges he improperly has been excluded from…