*1 manifestly unrea- A sentence could person no reasonable unless sonable par- appropriate sentence

find such offender offense

ticular which imposed." sentence judge's sentence say cannot

We inappro- unreasonable years is sixty the offense

priate to affirmed.

SHEPARD, C.J., and DICKSON JJ., in result. DELLA NATHAN

LUSTGARTEN

TRUST. No. 23S01-9408-CV-791. Burns, Hanna, Hanna, Gerde & George L. trustee-appellants. Lafayette, of Indiana. Office, Williams, Law Williams 0. Robert Aug. 1994. appellees. Covington,

DICKSON, Justice. judg a trial appeal from

This is by ex its terminating a trust ment settlor's upon the. terminated press demise, Following the settlor's death. authority to denied trial court termi and entered estate real sought to sell nating the trust. unpaid to resolve primarily real estate and advancements. expenses believing reversed, estate real power to sell trustees' of the settlor. by destroyed Ind.App., Trust Nathan Matter of N.E.2d settlor agreement. into a

entered a 510-acre primarily corpus consisted Trust County. in Fountain lifetime. during her paid to to be *2 790 Terms provided that, of the trust upon also Code, Indiana's Trust 30-4-1-1, Ind.Code et death, the settlor's the trust was to be termi- seq., applicable which is to this action. corpus nated and the any the trust and The Trust Code declares that "[the rules accumulated income equally distributed of law in contained this article shall be inter- the five beneficiaries. preted applied to the terms of the trust After the 4, settlor's death on January implement so as to the intent of the settlor 1992, trustees, engaged while in and the purposes of the trust." Ind.Code up trust, concluded that the accumulat- ed trust pay insufficient to accu- Moreover, §

mulated costs, provides 30-4-3-24 advancements, in relevant obligations. other Trustees initiated steps to sell the farm property to meet these (a) petition by a trustee or beneficia- obligations and docketed the in ry, may, the court discretion, in its termi- Fountain Cireuit Court. Four of the five nate the trust: petitioned thereafter the court purpose If the of the trust has been to terminate the seeking immediate fulfilled or has illegal become impossi- equal distribution of the accumulated income ble of fulfillment ... and farm property to all of the beneficiaries. (b) granted petition. court shall in include its order (a) under subsection of this section provi- Trustees appeal assert on sion making such a distribution of the trust sponsibility and authority do not terminate estate as the court deems nearly most simultaneously with termination of the trust. conformance with the settlor's intent. They argue that in terminating the trust trial court effectively stripped the trustees of present case, indenture authority responsibility for winding plainly evinces the intent of the settlor and up the affairs of the trust. specifically, More purpose of the trust: they contend that the trial court's pre- Said hereby Co-Trustees are authorized, vents them from settling elaims, con- empowered and pay directed to the income tracts, bills, taxes, costs, and other from said Settlor, to the Della Lust- related orderly matters an disposition of garten Nathan, during lifetime, her property. upon the death of Na- This Court will not disturb a trial than, this trust shall be terminated and the court order unless it apparent there corpus of the trust any estate and accumu- has been an abuse of discretion. Loeb v. lated income shall be equally, distributed (1969), 96, 100, Loeb 252 Ind. 831, 245 N.E.2d alike, share and share to [the beneficia- 833. An abuse of discretion will be found ries], thereof, or heirs per stirpes. where "the trial court's decision clearly Record at 9. logic and effect of the facts and court, cireumstances before the or if the trial payment misinterpreted the law." McCul income to the settlor during lifetime, her lough v. (1993), Archbold Ind., Ladder Co. ceased with settlor's death. Furthermore, 605 N.E.2d express clearly demonstrate In reversing the trial court in present intent the trust be terminated at the case, Court of part relied in time of the settlor's death and that the cor upon McNew v. Vert Ind.App. pus any trust and accumulated income 86 N.E. which held power when be distributed equally to the beneficiaries. vested cotrustees to sell real estate for Therefore, the trial court's decision did not purpose of the coupled with absolute clearly run counter to the facts and circum title premises, power it, de stances before nor did the court misinter stroyed by the death of the settlor. pret the governing provisions of the Indiana Trust, 618 N.E.2d at 1345. Code, Since Trust supra. The trial court did not McNew, however, our legislature has enacted abuse its discretion in terminating the trust court, persuaded I am majority of the authority denying remedy is warranted. appellate

farm. with- leave does decision Our forth sets Trust Code recourse. out trustees, provid- available remedies *3 pertinent

ing a lien to

the un- by him

(1) made any advances For 30-4-3-8(a)(10); and

der E. CORN. Melvin of services (2) of his value the For to, not but entitled he is 49S00-9404-DI-391. No. either provided ceived, as compensation under Indiana. of of Supreme the terms Court under 30-4-5-16. Aug.22,1994. RESIGNATION ACCEPTING ORDER judgment granted. Transfer AND CONCLUDING is affirmed. court trial PROCEEDING Indiana the April and SHEPARD, C.J., and GIVAN a "Veri- filed Disciplinary Commission JJ., Action" Disciplinary Complaint fied with DeBRULER, in result Mel- Thereafter, Respondent, the this opinion. separate Resig- of "Affidavit Corn, his tendered E. vin and Admission Indiana to pursuant nation" Justice, concurring in result. Section Discipline Rule after the in court docketed This trust matters, this Court these Having reviewed beneficiary, for and life of meets Affidavit Respondent's finds that now forum judicial a providing of the and of Admission necessary elements the the controversy about aof resolution the resignation 23(17), that the Rule Discipline final set- during trust administration that, accordingly, all accepted, and be should The trust up. and tlement should in this case proceedings sell empowered agreement concluded. be trust obli- to fulfill farm including the assets THEREFORE, that remaindermen of Upon petition ORDERED a IS, gations. IT accept- to terminate E. Corn Melvin of resignation member could not as a the trustees hereby removed ed, ishe ordered obligations, trust fulfilling their of State, the Clerk Bar of this of ful- from name his nevertheless to strike should the trustees is directed (3) the obligations, com- must Respondent all attorneys. fill of roll at an process oversight over of Admission court's provisions ply with were time, assets 23(4) At to become in order end. Rule Discipline includ- obligations with justly burdened reinstatement. eligible for Nor- and bills claims seventeen ing some that, by ORDERED FURTHER IT IS properly say, if a mally I should Respondent's accepting this Order reason probate give rise as to so docketed adjudi- previously not all issues resignation, administration over jurisdiction concluded. now are proceeding cated stop short court should probate give is directed this Court The Clerk necessary to provisions special making all Ad- with in accordance this Order notice of Here, I do administration. a successful 23(8)(d), govern- Rule Discipline nec- mission provided probate believe suspension. ing disbarment However, like provisions. essary special