Master Recommends that Lay Trustee be Ordered to Reimburse Trust after Hearing on Accounting

Delaware Fiduciary Litigation Blog

Posted December 1, 2022

Senior Partner, Inc. as Trustee of the Ardythe Hope Children's Hospital v. David L. Lee, C.A. No. 2020-0226- SEM (November 28, 2022)

       In this case, the Master in Chancery was faced with the unfortunate circumstance of a lay trustee who failed to properly account for trust assets. The parties narrowed their disputes to the issue of the propriety of the trustee’s accounting and to what extent he would be ordered to return funds to the trust. After a hearing permitting a “deep dive” into the accounting, the Master found that the trustee had not properly accounted for $366,412.34 and, consequently, recommended that the trustee  be ordered to return that amount to the trust.


William M. Kelleher, Director
Gordon, Fournaris & Mammarella, P.A.