Tuban v. Backhouse
The beneficiary of a trust filed a petition seeking to vacate a prior order terminating the trust. The beneficiary asserted that the trustee had committed fraud. After the beneficiarys petition was taken off calendar, the trustee filed a petition seeking discharge. The trustees petition was granted, and the beneficiarys estate appeals. The estate claims that the court erred in discharging the trustee without holding an evidentiary hearing on the beneficiarys petition. Court find that there is no appealable order before us regarding the beneficiarys petition and reject the estates remaining challenges to the courts order discharging the trustee.
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