Shorr v. Harris
| Decision Date | 07 April 2021 |
| Docket Number | No. 2019-203-Appeal.,PM 17-3276,2019-203-Appeal. |
| Citation | 248 A.3d 633 |
| Parties | Irwin SHORR, as beneficiary of the Trust of Anna H. Blankstein v. Herbert HARRIS, AS TRUSTEE OF the TRUST OF ANNA H. BLANKSTEIN. |
| Court | Rhode Island Supreme Court |
Jeffrey B. Pine, Esq., for Plaintiff.
Carol A. Zangari, Esq., for Defendant.
Present: Suttell, C.J., Robinson, and Lynch Prata, JJ.
The plaintiff, Irwin Shorr, as beneficiary of the Trust of Anna H. Blankstein, appeals from a Superior Court judgment granting summary judgment in favor of the defendant, Herbert Harris, as trustee of the Trust of Anna H. Blankstein. Shorr contends on appeal that the hearing justice erred in granting Harris's motion for summary judgment. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the parties’ written and oral submissions and reviewing the record, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.
On May 9, 1991, Blankstein reviewed, approved, and duly executed the trust and the will. Blankstein modified the trust several times throughout her life; the last modification occurred on April 28, 2003. On January 14, 2011, Blankstein died in Providence, Rhode Island. Upon her death, the sums designated to pass as specific bequests in the trust were distributed.
The plaintiff was a sum-certain beneficiary of the trust, designated to receive a specific bequest of $2,000. After Blankstein's death, plaintiff received a letter from defendant, dated February 20, 2011, and a release setting forth the amount of $2,000. On March 4, 2011, plaintiff requested an accounting of the trust from defendant. On March 15, 2011, defendant responded, in a letter, stating that plaintiff was not entitled to any accounting of the trust or copies thereof.
On December 6, 2011, plaintiff was appointed as administrator of Blankstein's estate by the Providence Probate Court. On September 6, 2012, the Providence Probate Court entered an order granting plaintiff permission to depose defendant in South Carolina. The plaintiff filed a notice of deposition and subpoena in the Court of Common Pleas, Fifteenth Judicial Circuit, County of Georgetown, South Carolina. The subpoena requested the following:
"A copy of the Trust of Anna H. Blankstein and all of its modifications; Records of any and all transfers of assets to the trust since its inception; records of any assets of Anna H. Blankstein transferred to or payments made to Herbert E. Harris, Jr. Esq. individually from the trust since its inception; Records of any assets of Anna Blankstein transferred to or payments made to Herbert E. Harris Jr. Esq. from Anna H. Blankstein (not from the trust), during the past ten (10) years; An inventory of Anna Blankstein's personal property, tangible and intangible, under the custody and control of Herbert E. Harris Jr. Esq. at the time of Anna Blankstein's death; and records of any and all bank accounts in the name of Herbert E. Harris Jr. Esq. for the (10) years preceding the death of Anna H. Blankstein."
The defendant then filed a motion to quash the subpoena.
On July 13, 2017, plaintiff filed a complaint in the Providence County Superior Court for an accounting pursuant to G.L. 1956 § 18-13-15(b) of the Rhode Island Uniform Custodial Trust Act (Custodial Trust Act or RIUCTA). The plaintiff sought a copy of the trust, full accounting of the trust, records of transfers of assets to the trust, records of Blankstein's assets or payments made to defendant from the trust, records of Blankstein's assets or payments made to defendant during the past ten years, and an inventory of Blankstein's personal property under the custody and control of defendant at the time of Blankstein's death. The defendant answered and filed a counterclaim requesting compensatory damages in the amount of $30,000 for the time and money spent addressing these issues and for emotional distress caused by plaintiff.
On August 7, 2018, defendant filed a motion for summary judgment on the basis that there was no genuine issue of material fact and that he was entitled to summary judgment in his favor. The defendant contended that, by its terms, the trust was not a custodial trust, and, therefore, plaintiff was not entitled to an accounting of the trust. In opposition to the motion for summary judgment, plaintiff contended that there remained genuine issues of material fact regarding whether defendant had complied with the terms of the trust. The plaintiff also argued that the trust "touch[ed] most of the bases" under the Custodial Trust Act so as to establish the trust as a custodial trust.
After two hearings, on February 27 and March 22, 2019, and an in camera review of the trust, the trial justice found in favor of defendant and granted summary judgment. She found that Blankstein had not "complied with the statutory requirements for the creation of a custodial trust under the Rhode Island Uniform Custodial Trust Act." Further, she stated that "there are absolutely no indicia or terms set for the subject trust that would support a finding that Miss Blankstein created the trust pursuant to the Uniform Custodial Trust Act." An order entered on April 2, 2019, granting defendant's motion for summary judgment.
On April 1, 2019, plaintiff filed a premature notice of appeal. We remanded this case to the Superior Court for consideration of whether judgment should be entered in accordance with Rule 54(b) of the Superior Court Rules of Civil Procedure. Judgment entered on August 3, 2020, and, therefore, we accept plaintiff's appeal as timely. See Goddard v. APG Security-RI, LLC , 134 A.3d 173, 175 (R.I. 2016) ().
"This Court will review the grant of a motion for summary judgment de novo , employing the same standards and rules used by the hearing justice." Lehigh Cement Co. v. Quinn , 173 A.3d 1272, 1275 (R.I. 2017) (quoting Newstone Development, LLC v. East Pacific, LLC , 140 A.3d 100, 103 (R.I. 2016) ). "We will affirm a summary judgment if, after reviewing the admissible evidence in the light most favorable to the nonmoving party, we conclude that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law." Midland Funding LLC v. Raposo , 222 A.3d 484, 486 (R.I. 2019) (quoting American Express Bank, FSB v. Johnson , 945 A.2d 297, 299 (R.I. 2008) ). "A litigant opposing a motion for summary judgment has the burden of proving by competent evidence the existence of a disputed issue of material fact and cannot rest upon mere allegations or denials in the pleadings, mere conclusions or mere legal opinions." Id. (brackets omitted) (quoting American Express Bank , 945 A.2d at 299 ). "It is a fundamental principle that summary judgment is a drastic remedy, and a motion for summary judgment should be dealt with cautiously." Lehigh Cement Co. , 173 A.3d at 1275 (brackets omitted) (quoting Botelho v. City of Pawtucket School Department , 130 A.3d 172, 176 (R.I. 2016) ).
On appeal, plaintiff argues that there is a genuine issue of material fact as to whether defendant 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 argues that the hearing justice made several errors in determining that plaintiff did not have standing to request an accounting of the trust. First, plaintiff argues that the hearing justice erred in relying on Miller v. Saunders , 80 A.3d 44 (R.I. 2013), in making her decision. Second, plaintiff argues that the hearing justice erred in failing to address plaintiff's standing as the administrator of Blankstein's estate.
We have previously had occasion to examine the pertinent provisions of the Custodial Trust Act. See Miller , 80 A.3d at 48-51. To establish a custodial trust, one must comply with the Custodial Trust Act. See id. at 50. The relevant sections of that act state:
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