Estates & Trusts: Trustee’s duty of loyalty: Pre-distribution demand for release and indemnity
CoA No. 0109, Sept. Term 2011. Reported. Opinion by Barbera, J. Filed Sept. 27, 2012. RecordFax #12-0927-20, 49 pages.
Trustee did not violate its duty of loyalty by refusing to distribute trust funds unless beneficiaries first executed a release and indemnification agreement, as the agreement merely expanded upon an interest the trustee already possessed and was not so one-sided as to impermissibly place the trustee’s interests ahead of those of the beneficiaries.