Tidwell

This is an action between Lyda Tidwell and Frederick I. Richman each of whom is a trustee and trustor under a declaration of trust. Plaintiff has brought suit asking this Court to permit her to void the declaration of trust and for a distribution of the assets of the estate to the trustors. She claims that the trust is a voidable one because of (1) undue influence in the inception; (2) fraud in the inception; (3) fraudulent and improper management; and (4) that after the establishment of the trust it has been fraudulently and wrongfully managed by the defendant to such an extent that he should be removed as agent of the trustees and the trust should be terminated.

At a pretrial conference the Court ordered a trial upon the single issue of whether there was undue influence or fraud or both which moved plaintiff to execute the declaration of trust. It was held by the Court that if plaintiff prevail on this issue, there need not be a trial as to the later issue except as it might become involved in distribution of the estate to the persons entitled thereto and in an accounting which would necessarily be involved. Plaintiff has objected to this procedure on the basis that a showing…