Lustre v. Lustre
Bryan Lustre (Bryan), a beneficiary under his parents’ trust, petitioned the trial court to have his aunt, Rosemary Lustre (Rosemary), removed as trustee. In support of the petition, Bryan claimed that Rosemary failed to pay sums needed for his comfortable financial support, refused to correct an asset allocation error, misused trust income and failed to furnish timely accountings. Bryan also asserted there was antagonism between himself and Rosemary that could only be resolved by appointing a new trustee. The trial court considered the evidence presented at trial and denied the petition, concluding that Bryan had failed to show facts warranting the removal of Rosemary as trustee under all of the circumstances. Bryan now appeals from that judgment. Because the trial court’s denial of the petition was within its broad discretion, we will affirm.
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