Section 7.5 Declining Jurisdiction

• Library: Trusts and Powers 2013 Supp

B. (§7.5) Declining Jurisdiction

It is noted that a court having jurisdiction may yet refuse to give instructions or grant declaratory relief when:

· there is really no doubt about the trustee’s powers and duties;

· a matter is committed to a trustee’s discretion with which a court will not interfere;

· the question is moot because the trustee has already acted; or

· the question presented is essentially not yet ripe for decision.

See Marvin F. Hall Trust v. Hall, 810 S.W.2d 710, 715 (Mo. App. S.D. 1991); McEntee v. Halloran, 391 S.W.2d 266, 268 (Mo. 1965).

Concerning whether the court will abstain from control of a trustee’s discretion, it is generally held that a court will not interfere with the exercise or non-exercise of a discretionary power given to a trustee as long as there is no abuse of discretion. See Am. Cancer Soc’y v. Hammerstein, 631 S.W.2d...