Irwin Shorr, as beneficiary of the Trust of Anna H. Blankstein v. Herbert Harris, as Trustee of the Trust of Anna H. Blankstein

Syllabus

The plaintiff, Irwin Shorr, as beneficiary of the Trust of Anna H. Blankstein, appealed from a Superior Court judgment granting summary judgment in favor of the defendant, Herbert Harris, as trustee of the Trust of Anna H. Blankstein. On appeal, the plaintiff argued that there was a genuine issue of material fact as to whether the defendant, as trustee, complied with the terms of the trust and consulted or involved the cotrustee in the final accounting or the distribution of the trust assets. He also argued that the hearing justice made several errors in determining that the plaintiff did not have standing to request an accounting of the trust. After examining the Rhode Island Uniform Custodial Trust Act, the Supreme Court held that the trust at issue did not comply with the requirements of the Act so as to establish a custodial trust. Therefore, the plaintiff could not request an accounting under the Custodial Trust Act. Further, the Supreme Court held that the plaintiff, as administrator of the estate, did not have standing to request an accounting of the trust under the Custodial Trust Act or common law. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.