Gaston v. Harmon
Along with his four brothers, plaintiff Ronald L. Gaston is one of the beneficiaries of a trust created by his mother, Audrey G. Barnes.[1] Along with three of her brothers (and Audreys), Audreys sister, defendant Kitten Harmon, is one of the trusts four successor cotrustees. This appeal arises from Gastons unsuccessful attempt to oust his aunt as a trustee and put himself in her place. In concluding that Gaston had failed to prove facts that warrant the removal of trustee Kitten Harmon, the trial court found Kitten had not impaired the administration of the trust, taken excessive compensation, or failed to comply with other legal duties specified in the Probate Code. In seeking reversal of the trial courts refusal to remove Kitten as a trustee, Gaston argues only impairment of the administration of the trust. He contends there is no doubt that impairment of the administration of the Decedents trust occurred and is still occurring and so long as KITTEN remains as a trustee of the Trust, the same sad situation is likely to continue to exist. As will be seen, however, in making this argument, Gaston fails to follow the applicable rules of appellate review. Accordingly, there is no merit in his appeal, and we will affirm the trial courts order.
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