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FERGUSON v. FERGUSON

Docket No. 46731.

473 P.3d 363 (2020)

Michael D. FERGUSON, Plaintiff-Appellant, v. Lois C. FERGUSON, Wade Ferguson, J. Xarissa Koenig, in their capacities as co-trustees of the Roger Ferguson Family Revocable Trust and as co-representatives of the Sybil Ferguson Estate; and Steven J. Hart, in his capacity as a co-trustee of the Roger Ferguson Family Revocable Trust, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2020 Term.

Opinion Filed: September 24, 2020.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, PLLC, Idaho Falls, for appellant. Dale Storer argued.

Craig Taylor Law Offices, PLLC, Rexburg, for respondents. Craig Taylor argued.

SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED JULY 15, 2020, IS HEREBY WITHDRAWN.

This case addresses the fiduciary duties of a trustee who has discretion to spend the trust's principal, the scope of records available to a trust beneficiary under Idaho Code section 15-7-303, and the enforceability of a trust instrument...

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