Trial court’s order directing that its surcharge order upon former trustee be satisfied from her distributive share of the trust estate is affirmed as the beneficiary of a spendthrift trust who also acts a trustee and commits a breach of trust causing financial harm to the trust can have her interest in the trust estate impounded to satisfy a claim arising from her misfeasance. 

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Appellate Information

Filed November 30, 2009

Judges

Opinion by Judge Willhite

CounselFor Appellant:   Panitz & Kossoff and Kenneth W. Kossoff

For Appellee: Berman & Berman and Ronald Berman; Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marc L. Sallus and Mary-Felicia Apanius

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