Devine

James D. Devine, a cotrustee of the Mary S. Sigourney Award Trust, a charitable trust, petitioned the trial court for instructions concerning the appointment of a successor trustee. The American Psychoanalytic Association (APA), Stephen K. Firestein, and Newell Fischer replied and opposed the petition on the basis that' the underlying orders that had amended Mary Sigourney’s testamentary trust and created the award trust were void because they and the Attorney General had not received notice of the proceedings. The Attorney General replied and indicated that he would not appear or take a position on the matter because both parties were adequately represented by counsel and there were no allegations of a diversion of charitable assets or that the assets were not used for charitable purposes. The trial court granted the petition and instructed Devine to appoint a trustee in accordance with the trust’s terms. APA, Firestein, and Fischer appeal and reiterate their position. We agree with appellants and reverse the order.

Background

Sigourney signed a will on October 11, 1988. She died on October 19. The will included a 13-page charitable trust for the purpose of funding an…