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IN RE ESTHER CAPLAN TRUST

No. 1 CA-CV 10-0108.

265 P.3d 364 (2011)

In re The Matter of ESTHER CAPLAN TRUST FBO Arlene Sova. Eric J. Bistrow; Laurie Shapiro; and Lyle Bistrow, the Remaindermen, Appellants, v. Arlene Sova; Citigroup Trust-Delaware, NA, as co-trustee of the Esther Caplan Trust FBO Arlene Sova, Appellees.

Court of Appeals of Arizona, Division 1, Department C.

September 1, 2011.

Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. By Steven J. Lippman , Phoenix, Attorneys for Appellants.

Frazer, Ryan, Goldberg & Arnold L.L.P. By John R. Fitzpatrick , T.J. Ryan , Phoenix, Attorneys for Appellee Citigroup.

Kile Law Group P.C. By Emily B. Kile , Phoenix, Attorneys for Appellee Sova.

OPINION

DOWNIE, Judge.

¶ 1 In this opinion, we examine the obligations of a trustee vested with "sole discretion" over principal distributions to a lifetime beneficiary. We adopt certain factors from the Restatement (Second) of Trusts for evaluating the exercise of the trustee's discretion. We also affirm the in camera review procedure adopted by the superior court, though we modify its order to include consideration of the Restatement factors...

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