Marsman v. Nasca

Sara Wirt Marsman's will placed a third of her estate in trust for her husband Cappy, directing the trustee to distribute income to him for life and remainder to her daughter Sally, and to release principal as the trustee deemed advisable for Cappy's comfortable support and maintenance after considering his other available resources. The trustee, James F. Farr, who had also drafted Sara's will, sent Cappy only $300 when his income dropped after Sara's death and demanded a written explanation before releasing more, after which Cappy stopped asking the trust for help and instead arranged for his stepdaughter Sally and her husband Marlette to cover his home expenses in exchange for deeding them the home at his death, despite having drafted a will years earlier leaving the home to his later wife Margaret (plaintiff). After Cappy died, Marlette, who became sole owner after Sally's death, tried to evict Margaret, and Margaret sued in probate court, which found Farr breached his fiduciary duty by failing to inquire into Cappy's needs and ordered Marlette to transfer the home to Margaret and Farr to reimburse the trust, personally if necessary. Farr and Marlette appealed.