Kamlesh K. Hemlani, individually and derivatively in the name of and on behalf of Radhi Puran Trust v. Manu & Anita Melwani

Summary

The Supreme Court of Guam reviews the third appeal arising from a longstanding dispute concerning the Radhi Puran Trust. The court addresses collateral estoppel regarding the Trust’s beneficiary, the removal of Kamlesh Hemlani as co-trustee based on an adverse interest and hostility, and the propriety of summary judgment. It affirms in part, reverses in part, and remands for further proceedings.

Holdings

1. The Trust Instrument clearly and definitely names the Foundation as the sole beneficiary of the Radhi Puran Trust.
2. The court did not resolve whether collateral estoppel barred Kamlesh from relitigating the beneficiary issue because it affirmed the beneficiary determination on de novo interpretation of the Trust Instrument.
3. Summary judgment removing Kamlesh as successor co-trustee was improper because genuine disputes of material fact existed regarding alleged disloyalty, conflicts of interest, and hostility impairing Trust administration.

Questions Presented

1. Whether the Foundation was the sole named beneficiary of the Radhi Puran Trust under the Trust Instrument.
2. Whether collateral estoppel barred Kamlesh from disputing the Foundation’s beneficiary status.
3. Whether summary judgment was proper in removing Kamlesh as successor co-trustee based on alleged disloyalty, conflict of interest, and hostility.

Disposition

reversed_and_remanded