IN RE WILSON

No. 29A02-0910-CV-1004.

930 N.E.2d 646 (2010)

In re Elizabeth F. WILSON Revocable Trust, Fred Monroe Wilson, Appellant-Respondent, v. Marcia Wilson Barker, Carol Perrine, Nicholas Barker, Christopher Barker, and Sarah Barker, Appellees-Petitioners.

Court of Appeals of Indiana.

July 27, 2010.


Attorney(s) appearing for the Case

Jay Curts, Blake N. Shelby, Coots, Henke & Wheeler, P.C., Carmel, IN, Attorneys for Appellant.

Alexander P. Pinegar, Church, Church, Hittle & Antrim, Noblesville, IN, Attorney for Appellees.


OPINION

BAKER, Chief Judge.

The trust at issue herein held certain real estate that the settlor intended to be sold, with the proceeds to be distributed to the beneficiaries. For a time, the trustee delayed selling the real estate for valid reasons. He continued to delay to sell the property, however, until over a year past the point at which those reasons no longer existed. His inaction constituted a breach of fiduciary duty. His breach may have caused...

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