Stadel Art Museum v. Mulvihill

Holding

The court held that the Boesch Trust’s language granting the trustee “sole discretion” to distribute assets “in cash or in kind” precludes a mandatory interpretation that the trustee must sell the four co‑owned properties immediately; therefore the trial court’s directive to sell “forthwith” was erroneous and is vacated, with the matter remanded for the trustee to exercise his discretionary authority consistent with the trust terms and fiduciary duties. ---