Brown v. Miller

Elinor's trust allowed her husband Bill to receive income for life and withdraw principal upon request "from time to time," with any unappointed remainder passing to her son Tom (plaintiff) after Bill's death. Shortly before his own death, Bill transferred the trust's remaining roughly $7 million balance into his own separate, fully revocable trust rather than to himself directly. Tom sued Bill's estate and the receiving trust's trustees (defendants), and the trial court granted Tom summary judgment, reasoning the transfer exceeded what the trust language permitted and breached Bill's duty to the remaindermen; the estate appealed.