Matter of Malone's Estate
Matter of Malone's Estate, 42 Colo. App. 353, 597 P.2d 1049 (Colo. Ct. App. 1979), affirmed the probate court's removal of the respondent as co-trustee of three separate trusts.
The court observed:
"Proper grounds for removal include the existence of hostility and friction between the trustee and the beneficiaries, or between the trustee and his co-trustees, causing interference with the proper administration of the trust. Also, where ill-feeling between the trustee and the beneficiaries or between the trustee and his co-trustees reaches such a level that future cooperation and proper administration become improbable, the trustee may be removed even if misconduct is not proven. The court's paramount regard must be for the interest of the trust and the rights of the beneficiaries." Id. at 1050 .
The Colorado Court of Appeals found no abuse of discretion in the probate court's determination that the best interests of the beneficiaries would be served by removal of the respondent as co-trustee.