When can a trust beneficiary sue a trustee for failing to perform his duties?
MultiRegion, United States of America
The following excerpt is from Valle v. Joint Plumbing Industry Bd. (Local 2 U.A.), 623 F.2d 196 (2nd Cir. 1980):
The period within which a trust beneficiary may sue to compel the trustee to perform his duties begins when there has been "a repudiation by the fiduciary which is clear and made known to the beneficiaries . . . viewed in the light of the circumstances of the particular case." In re Barabash, 31 N.Y.2d 76, 80, 334 N.Y.S.2d 890, 893, 286 N.E.2d 268, 270 (1972) (emphasis in original). See also Kosty v. Lewis, supra, 319 F.2d at 750.
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