In re Mary Belsome Welsh Qualified Trust
Cases that cite this one
2 later published cases cite this decision.
- Succession of Gibbens (La. Ct. App. 2000)
- In re Mary Belsom Welsh Qualified Trust (La. Ct. App. 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
ON APPLICATION FOR REHEARING TO THE SUPREME COURT, STATE OF LOUISIANA
Rehearing granted. Upon further consideration, we now determine our action of June 13,1997 was in error.
Although the trial court stated its removal of Mr. Welsh was not based on any determination of fault, it is apparent that Mr. Welsh breached his duty as trustee as noted by the trial court by failing to timely file required accountings and attempting to dispose of trust assets. Such actions by Mr. Welsh are sufficient cause for his removal under Louisiana Revised Statutes 9:1789. As we stated in Succession of Dunham, 408 So.2d 888, 899 (La. 1981):
... [R]eading the two articles together, it is clear that a succession representative cannot be removed because of a mere conflict of interest, but rather it must be shown that he has mismanaged the estate or breached one or more of his required duties.'” (emphasis added)
We recall our per curiam of June 13, 1997 and deny Mr. Welsh’s application for writs, leaving in place the judgment of the Fifth Circuit Court of Appeal which affirmed the trial court judgment removing him as trustee.
Knoll, J., not on panel. Rule IV, Part 2, § 3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.