Rosanne S. Feltus v. Douglas B. Wright

During a divorce proceeding, a husband and wife signed a marital dissolution agreement that provided two trusts they had previously formed would be terminated, and the assets distributed to the wife. However, neither the trustee nor the two trust beneficiaries were made parties to the divorce proceeding, and the trusts remained in existence for several years. The wife filed a lawsuit in circuit court and named the trustee and other beneficiaries as defendants. Default judgments were entered against each defendant. The trustee filed a motion to set aside the judgment that was granted. The wife non-suited the circuit court action as to the trustee and filed a lawsuit against him in chancery court. The trustee filed an answer and countercomplaint in which he sought an award of trustee’s fees and attorneys’ fees. Both parties filed motions for summary judgment. The chancery court entered an order granting the trustee’s motion for summary judgment and later awarded him trustee’s fees and attorneys’ fees. The wife appeals. We affirm and remand.