Trustmark Nat'l Bank v. Johnson, et al.
| Docket Number: | 2001-IA-01952-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-12-2004 Opinion Author: Carlson, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Trusts & estates - Subject matter jurisdiction - Miss. Const. art. 6, § 159 Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb and Dickinson, JJ. Non Participating Judge(s): Waller, P.J., Diaz and Graves, JJ. Dissenting Author : Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 11-26-2001 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Denied Appellant's motion to transfer to chancery court. Case Number: 251-00-775CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Trustmark National Bank |
JEFFREY RYAN BAKER
SUSAN LATHAM STEFFEY |
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| Appellee: | Mona B. Johnson and Deborah Biedenharn, as Individual Beneficiaries and in Their Capacity as the Guardians and Conservators of Their Brother Michael Shaw Biedenharn | JAN F. GADOW THOMAS Y. PAGE DENNIS C. SWEET, III |
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| Topic: | Trusts & estates - Subject matter jurisdiction - Miss. Const. art. 6, § 159 |
| Summary of the Facts: | Mona Johnson and Deborah Biedenharn, as individual beneficiaries under the Ruth S. Biedenharn Trust, and as Guardian and Conservator for their brother, Michael Biedenharn, who is also an individual trust beneficiary, sued Trustmark National Bank in the Hinds County Circuit Court for its allegedly negligent actions as Trustee arising solely in the administration of the Trust. Trustmark filed a counterclaim for declaratory judgment and moved to dismiss or transfer the matter to the Warren County Chancery Court or, alternatively, to the Pearl River County Chancery Court. The court denied Trustmark’s motion. Trustmark filed a petition for interlocutory appeal which was granted. |
| Summary of Opinion Analysis: | Trustmark argues that the Hinds County Circuit Court lacks subject matter jurisdiction since the complaint derives wholly from the administration of the Ruth S. Biedenharn Trust. Miss. Const. art. 6, § 159 provides that the chancery court shall have full jurisdiction of matters testamentary and of administration. A chancery court has inherent power to remove a trustee for good cause, such power being incidental to the court's paramount duty to see that trusts are properly executed and the trust estate preserved. Although the plaintiffs have labeled their claims against Trustmark as negligence, breach of contract, breach of fiduciary duty, and gross negligence, Trustmark’s actions or inactions which are at issue arise solely from its capacity as the Trustee of the Ruth S. Biedenharn Trust and any duty Trustmark may have arises from its appointment as Trustee. Because the Trust is under the exclusive jurisdiction of the Warren County Chancery Court and has been since its inception, the Warren County Chancery Court was the appropriate court for this case. |
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