National Jewish Health v. Blonska CA4/3
Plaintiff National Jewish Health is a beneficiary of a trust of which defendant Jason A. Blonska is the current trustee. After the trustor of the trust died, various parties with claims regarding the trust, or related claims, filed several actions. All of the parties to those actions entered into a global settlement agreement, whereby, among other things, plaintiff and two other charities compromised the amounts due them under the trust. The settlement agreement required the former trustee to pay plaintiff and the two other charities. When he failed to do so but instead paid only himself his trustee’s fees and paid his attorney, he was surcharged and ordered to pay the three charities and resign as trustee. Defendant was then appointed trustee.
The former trustee did not pay the surcharge amount. For a year defendant also failed to pay the charities. Plaintiff then filed a motion to enforce the settlement, which the court granted.
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