Bennett v. Carter

Jacquelin Stevenson (Mother) was the sole lifetime beneficiary of two trusts created by the will of her husband, who died in 1988. The residual beneficiaries of the two trusts were her sons, Thomas Stevenson III and Daniel Stevenson II (collectively, the Stevenson brothers), and her daughters, Respondents. The Stevenson brothers were also co-trustees of the two trusts from 1999 to 2006. Respondents alleged that while the brothers were co-trustees, they violated their fiduciary duties by unlawfully taking money from the trusts. Respondents claimed the Stevenson brothers stole approximately five million dollars from the two trusts. The South Carolina Supreme Court granted certiorari to review the court of appeals' decision reversing in part a circuit court order which granted Petitioners summary judgment on Respondents' individual cause of action for aiding and abetting a breach of fiduciary duty. The sole issue on appeal was whether this cause of action survived summary judgment. After review, the Supreme Court concluded there was sufficient evidence to allow the aiding and abetting claim to survive summary judgment; the aiding and abetting claim survived Mother's death. The Court affirmed the court of appeals, who reversed summary judgment in favor of petitioners. View "Bennett v. Carter" on Justia Law