Trust Agrmt. of E. Taylor Appeal of: Wells Fargo, 164 A.3d 1147

Edward Winslow Taylor created an irrevocable trust in 1928 (amended 1930) to provide income for his daughter and her children; the corporate trustee named was Colonial Trust Company (and successors).
Through mergers the corporate trustee became Wells Fargo; beneficiaries were Anna Wallace’s grandchildren, each appointed co-trustees of subdivided trusts by the Orphans’ Court in 2009.
The trust contains a resignation/appointment clause (Paragraph Fifteenth) requiring successor trustees be "recognized banking institution[s] in the City of Philadelphia," but does not expressly grant beneficiaries the power to remove a corporate trustee.
Three grandchildren filed to modify the trust under 20 Pa.C.S. § 7740.1 to add a portability clause permitting beneficiaries to remove and replace the corporate trustee "from time to time and without cause" (no immediate removal requested).
Wells Fargo moved for judgment on the pleadings, arguing trustee removal/replacement must follow the Orphans’ Court procedures and substantive requirements in 20 Pa.C.S. § 7766; the Orphans’ Court agreed and denied modification; the Superior Court reversed.
The Pennsylvania Supreme Court granted review to decide whether § 7740.1 permits beneficiaries to amend a trust to add a portability clause that bypasses § 7766; the Court reversed the Superior Court, holding § 7766 governs removal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether beneficiaries may modify an irrevocable trust under § 7740.1 to add a portability clause allowing removal/replacement of a trustee without court approval	§ 7740.1 permits broad modification by beneficiaries if not inconsistent with a material purpose; it does not expressly exclude trustee-removal provisions	§ 7766 is the specific, exclusive statutory mechanism requiring court approval and substantive showings to remove/replace trustees; § 7740.1 cannot be used to evade § 7766	Held: Beneficiaries may not use § 7740.1 to add a portability clause to remove/replace trustees; removal is governed exclusively by § 7766 (reversing Superior Court)

In re McKinney, 67 A.3d 824 (Pa. Super. 2013) (enumerates factors a court should consider when removing/replacing a trustee)
Warrantech Consumer v. Reliance Ins. Co., 96 A.3d 346 (Pa. 2014) (a statute is ambiguous when at least two reasonable interpretations exist)
In re Crawford's Estate, 16 A.2d 521 (Pa. 1940) (removal of a trustee is drastic and generally requires court discretion to protect the settlor's choice)
In re Corr's Estate, 58 A.2d 347 (Pa. 1948) (discusses limited circumstances warranting trustee removal and deference to the settlor's selection)