A-24-0010, Gayle Misle (Appellant) v. Linda Shrier, Marsha Misle-Haugland, Helen Misle, Abram LLC, Misle Properties LLC, and O Street Development Co.,(Appellees)
Lancaster County District Court, Judge Darla S. Ideus
Attorney for Appellant: David A. Domina (DominaLaw Group pc llo)
Attorney for Appellees Linda Shrier and Marsha Misle-Haugland: Sara A. Pernicek. (Ellick, Jones, Buelt, Blazek & Longo, LLP)
Civil: Trust dispute, administration of trust assets, breach of fiduciary duties
Action Taken by Trial Court: The appellant filed a complaint alleging numerous claims of breach of fiduciary duties and improper trust administration by the trustee(s) of trusts created in her father’s will. Following a bench trial, the district court found that the trust had been properly administered and that there was no breach of fiduciary duty by the trustee(s). The district court subsequently dismissed appellant’s complaint.
Assignments of Error on Appeal: On appeal, the appellant assigned, restated, that the district court erred in: (1) finding that she failed to prove her claims for breach of trust when the trustee (a) failed to administer the trust according to Abram’s will by not funding the Family Credit Shelter Trust thereby allowing distribution of principal from the Q-TIP Trust in excess of limitations; (b) failed to provide annual accountings of the trust; (c) failed to keep adequate books or records for the trust; (d) failed to provide Gayle with requested information; (e) consented to an imprudent sale of the trust property and its imprudent reinvestment into the Pennsylvania strip malls; and (f) engaged in self-dealing when she took a $100,000 from the trust as a loan and failed to repay it; and (2) that the court erred in failing to award her attorney fees.