Hodges v. Johnson

David Hodges Sr. created two irrevocable trusts holding his company's nonvoting stock to benefit his wife, children, and stepchildren, naming attorney Saturley and employee Johnson (defendants) as trustees. After hiring estate-planning attorney McDonald (defendant) to serve as temporary trustee, the trusts were decanted three separate times to progressively remove beneficiaries - first the stepchildren, then son David Jr. after being fired from the company, then wife Joanne after her divorce from David Sr. - coinciding suspiciously with each person's falling-out with David Sr., and McDonald admitted at trial he "never gave the [claimants'] financial interest any consideration" in decanting. The removed beneficiaries sued to invalidate the decantings and remove the trustees, and the trial court did both.