Castellini v. Cunningham
Don Cunningham (decedent) succumbed to pneumonia in December 2004 at the age of 85. In October 2007, his daughter, Gail Castellini, filed a petition for an order instructing her (in the performance of her duties as the successor cotrustee for the Cunningham Family Trust (Trust)) to obtain an accounting from Willy Cunningham (decedent’s widow and cotrustee of the Trust) from December 2004 to present; to demand that Willy[1] restore Trust assets and lodge a true copy of decedent’s will (Will); to recover damages from Willy; and to remove Willy as a cotrustee.[2] In her response,[3] Willy contested only the issue of whether the Trust remained revocable after the death of her husband.[4] In December 2007, Willy lodged what she represented as being a true copy of the Will. Willy filed a voluntary accounting in February 2008 and a restated voluntary accounting in May 2009. In response to the instant litigation, she also filed an amendment to the Trust in May 2008 that sought to remove Gail as a successor cotrustee.
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