By The Law Offices of John Day, P.C. on Jul 24, 2024 05:47 am
Poor pleading of conversion in a case involving trust required dismissal of conversion claim. Particularity in pleading is required for such claims. In Stalnaker v. Cupp, No. M2023-00404-COA-R3-CV (Tenn. Ct. App. June 18, 2024), plaintiff was the sole beneficiary of a residual trust, and plaintiff and defendant were co-trustees. A related surviving spouse trust existed, and when the surviving spouse passed away, defendant was the executor of her estate and her sole beneficiary. Three years after the surviving spouse’s estate was closed, plaintiff had a stroke that left him impaired for several years. When he regained his mental faculties, he requested an accounting of the residual trust from defendant, but defendant did not respond to the request. Plaintiff eventually filed suit in California, which was dismissed, then later filed this suit in Tennessee. The trial court dismissed plaintiff’s claims for breach of fiduciary duty and conversion, and the Court of Appeals affirmed dismissal.
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