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HUGHES v. CAFFERTY

No. 20020518.

89 P.3d 148 (2004)

2004 UT 22

Dwight HUGHES, John Hughes, and Linnea Bennett, Plaintiffs and Respondents, v. Eva M. CAFFERTY and Joseph M. Hughes, Defendants and Petitioners.

Supreme Court of Utah.

Rehearing Denied April 14, 2004.

Attorney(s) appearing for the Case

Evan A. Schmutz, Lance N. Long, Provo, for plaintiffs.

Charles M. Bennett, Salt Lake City, for defendants.

PARRISH, Justice:

¶ 1 In this case, we address the issue of when a court, sitting in equity, may award attorney fees to a beneficiary who sues a trustee for breach of trust. The trial court found that petitioners Joseph Hughes and Eva M. Cafferty ("Joe" and "Rikki") breached family trust agreements by wrongfully assuming the roles of trustees, improperly excluding their siblings from trust management, failing to regularly account to trust beneficiaries, and paying...

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