KANN v. KANN

No. 22, Sept. Term, 1996.

690 A.2d 509 (1997)

344 Md. 689

Regina H. KANN v. Donald R. KANN et al.

Court of Appeals of Maryland.

March 11, 1997.


Attorney(s) appearing for the Case

Jeffrey L. Forman (Bruce E. Kauffman, Kauffman and Forman, P.A., on brief), Towson, for Petitioner.

Peter F. Axelrod (Adam S. Caldwell, Jackson & Campbell, P.C., on brief), Baltimore, Andrew Jay Graham, argued (Kevin F. Arthur, Kramon & Graham, P.A., on brief), Baltimore, for Respondents.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI and RAKER, JJ., and ROBERT C. MURPHY, Judge (retired) Specially Assigned.


RODOWSKY, Judge.

We hold today that allegations of breach of fiduciary duty, in and of themselves, do not give rise to an omnibus or generic cause of action at law that is assertable against all fiduciaries, including trustees of express trusts. Accordingly, here, where the beneficiary of an express trust sues the trustee, the claim is exclusively equitable and not triable of right before a jury.

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