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WHEELER BY AND THROUGH WHEELER v. MANN

No. 19730.

763 P.2d 758 (1988)

David Mark Newton WHEELER, a minor child, By and Through his Guardian ad Litem, Mark Wayne WHEELER, Plaintiff and Appellee, v. Stanley C. MANN, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied November 4, 1988.

Attorney(s) appearing for the Case

Brent V. Manning, William D. Holyoak, Salt Lake City, for appellee.

Stanley C. Mann, Salt Lake City, pro se.

STEWART, Justice:

This is an action by David Wheeler, the minor beneficiary of a testamentary trust, and his guardian father, Mark Wheeler, to recover the trust corpus and damages from the trustee, Stanley C. Mann, for his breach of loyalty to the trust by self-dealing. The trustee appeals a summary judgment awarding the beneficiary $235,137.88, the amount of the trust fund plus interest, and attorney fees in the amount of...

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