Background - Duane Sr. and Sherron created the Duane Boren Family Living Trust in 1980; subsequent amendments named David as successor trustee and allocated farm/mineral interests among children. Duane Sr. died in 1992. - David managed the Trust and farm from 1993 onward; Sherron retained life-benefit and remained the sole income beneficiary. David received a written agreement in 2011 paying a $1,200/month salary and allowing equipment leases and grazing rights. - In 2012 beneficiaries requested accountings; accountings and tax returns (2008–2014) were produced. - In 2014 four non-income beneficiaries (Appellants) sued David and Sherron alleging embezzlement, self-dealing, forgery, coercion, unauthorized salary, commingling, and inadequate accounting; they sought damages and removal of trustees. - At depositions Appellants admitted they had no factual support and had not reviewed the produced documents. Duane Jr. later filed a declaration with detailed allegations; the district court struck it and granted summary judgment to Appellees, awarding attorney fees under Utah Code §75-7-1004. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---|---|---| | Standing to sue as non-income beneficiaries | Appellants argued they could challenge trustee conduct affecting trust value | Appellees argued Appellants lack a legally protectable interest because Sherron had power to exclude beneficiaries and Appellants weren’t income beneficiaries | Court: Appellants have standing — they are current beneficiaries and farm management affects trust assets | | Admissibility of Duane Jr.’s Declaration (motion to strike) | Declaration raised factual issues contradicting deposition denials and showed malfeasance | Declaration contradicted deposition testimony, relied on information/belief, speculation, and improper lay opinion | Court: Affirmed striking the Declaration — it lacked personal knowledge and presented inadmissible opinion/conclusion | | Summary judgment on breach of trust/fiduciary duty, accounting, declaratory relief | Appellants argued evidence (ledger entries, leases, salary, grazing, tax losses, alleged poor bookkeeping) created genuine issues of mismanagement/self-dealing/commingling | Appellees argued produced accountings/tax returns and deposition admissions showed no factual support; salary/leases/grazing not inherently improper; only Sherron was income beneficiary for required accountings | Court: Affirmed summary judgment for Appellees — Appellants failed to raise genuine material facts to defeat summary judgment | | Award of attorney fees and fees on appeal | Appellants challenged fee award only contingent on reversal of other rulings | Appellees invoked Utah Code §75-7-1004 and Shurtleff factors; sought appellate fees as prevailing party | Court: Affirmed district court fee award and remanded for calculation of reasonable appellate fees | ### Key Cases Cited Montrone v. Valley Bank & Trust Co., 875 P.2d 557 (Utah Ct. App. 1994) (settlor’s general power of appointment can negate beneficiary standing to demand accounting) Gaw v. Department of Transp., 798 P.2d 1130 (Utah Ct. App. 1990) (affidavit cannot create issues contradicting clear deposition testimony without explanation) Webster v. Sill, 675 P.2d 1170 (Utah 1983) (limits on using post-deposition affidavits to create factual disputes) Cabaness v. Thomas, 232 P.3d 486 (Utah 2010) (affidavits reflecting unsubstantiated opinions and conclusions are inadmissible) * Shurtleff v. United Effort Plan Trust, 289 P.3d 408 (Utah 2012) (non-exclusive factors for awarding fees in trust-administration litigation)