Gloria I. Mendoza and Josephine E. Cano v. Lawrence O. Gonzales, as Trustee of The Gonzales Family Trust, and Lawrence O. Gonzales, individually

Summary

The Wyoming Supreme Court affirmed judgment upholding transactions in which beneficiaries conveyed their interests in trust real property and vehicles to the trustee individually. The court held that the beneficiaries consented in writing and were not improperly induced or deprived of knowledge of their rights or material facts under the Wyoming Uniform Trust Code.

Holdings

1. Transactions involving trust property that favored the trustee's personal interests were subject to avoidance under the Wyoming Uniform Trust Code, but the transactions were not voidable because the beneficiaries consented to them in writing and the statutory exceptions to consent did not apply.
2. The district court's findings that the appellants knowingly and voluntarily consented to the transactions, understood their rights and the material facts, and were not improperly induced were not clearly erroneous.

Questions Presented

1. Whether the district court clearly erred in finding that the appellants consented to the trustee's transactions.
2. Whether the district court clearly erred in finding that the appellants' consent was not voidable because they knew their rights and the material facts relating to the alleged breach and because their consent was not induced by the trustee's improper conduct.

Disposition

affirmed