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SHURTLEFF v. UNITED EFFORT PLAN TRUST

No. 20120300.

289 P.3d 408 (2012)

2012 UT 47

In the Matter of the United Effort Plan Trust. Mark L. SHURTLEFF, Petitioner and Appellant, v. In The Matter of The UNITED EFFORT PLAN TRUST, (Dated November 9, 1942, Amended April 10, 1946, and Amended and Restated on November 3, 1998); and its Trustees, including known trustees Truman Barlow; Warren Jeffs; Leroy Jeffs; Winston Blackmore; James Zitting; and William E. Jessop aka William E. Timpson; and Doe Trustees I through X, Respondents and Appellees, and Bruce Wisan; Dean Jessop Barlow; Don Ronald Fisher; Thomas Samuel Steed; Walter Scott Fisher; Brent Jeffs; Don Johnson; Merlin Jessop; Helaman Barlow; Hildale City; Colorado City; and Twin Cities Water Authority, Other Parties.

Supreme Court of Utah.

August 3, 2012.

Attorney(s) appearing for the Case

David N. Wolf , Joni J. Jones , Asst. Att'ys Gen., Bridget K. Romano , Salt Lake City, for appellant.

Jeffrey L. Shields , Zachary T. Shields , Mark L. Callister , Michael D. Stanger , Salt Lake City, Mark P. Bookholder , Phoenix, AZ, for appellees.

James C. Bradshaw , Mark R. Moffat , Roger H. Hoole , Gregory N. Hoole , Peter Stirba , Bret W. Rawson , R. Blake Hamilton , Kenneth A. Okazaki , Stephen C. Clark , Salt Lake City, for other parties.

Justice DURHAM authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice NEHRING, Justice PARRISH, and Justice LEE joined.

Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 This is an appeal from the probate court's order requiring the State to make an interim payment of the Special Fiduciary's fees incurred in administering the United Effort Plan (UEP) Trust. The State argues that the probate court abused its discretion and acted contrary to Utah law. The State also challenges the probate court's denial of its motions for reconsideration, extension of time, and contribution...

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