Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-0393

In the Matter of the Trust Under the Will of William B. Kron, Sr.

Steven Alan Kron, Appellant/Cross-Appellee

Estate of Douglas Kron, Appellee-Cross-Appellant

Attorney for Appellant

Daniel P. Kresowik

Attorney for Appellee

Joseph T. Moreland and Weijing Wu

Guardian ad Litem

Jay H. Honohan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0393
Date Published:
May 12, 2021
Summary

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  Partial dissent by Schumacher, J.  (13 pages)

            The trustee of a testamentary trust appeals the district court’s construction of a will, and a beneficiary cross-appeals from the denial of a motion to remove the trustee.  OPINION HOLDS: We affirm the district court’s resolution of the petition to construe the will, and we affirm the court’s denial of the motion to remove the trustee.  PARTIAL DISSENT ASSERTS: I concur with the majority as to all issues affirmed on appeal with the exception of the issue raised on cross-appeal concerning the removal of Steven as trustee.  The evidence of Steven’s use of trust funds to pay expenses unrelated to the beneficiaries and self-dealing rises to a material breach.  The best interests of the trust and other beneficiaries cannot be safeguarded by leaving Steven in charge of the assets.  As such, a new trustee should be appointed.

© 2022 Iowa Judicial Branch. All Rights Reserved.