{
  "id": 6140620,
  "name": "FIRST NATIONAL BANK of DeWitt v. Stacia YANCEY",
  "name_abbreviation": "First National Bank v. Yancey",
  "decision_date": "1991-12-26",
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  "casebody": {
    "judges": [
      "Cracraft, C.J., and Rogers, J., agree."
    ],
    "parties": [
      "FIRST NATIONAL BANK of DeWitt v. Stacia YANCEY"
    ],
    "opinions": [
      {
        "text": "John E. Jennings, Judge.\nGodfrey Thomas died in 1982. His will provided that one-sixth of a farm which he owned in Arkansas County would be held in trust for the benefit of his daughter, Elizabeth Ann Yancey. The appellant, First National Bank of Dewitt, was named as trustee. Mr.Thomas\u2019 will provided that the net income from the trust was to be paid at least annually to his daughter and, at her death, to his granddaughter, Stacia LeNeau Yancey.\nThe trustee leased out the land on a sharecrop basis and, as a matter of practice, paid the net income to Elizabeth Yancey as soon as it could be calculated after the calendar year.\nElizabeth Yancey died on August 6,1989. On the date of her death there were crops growing in the field and the net income for the year 1989 had been neither calculated nor paid.\nThis action was brought by Stacia Yancey, through her guardian, to determine the extent of her interest in the net income from the trust for the year 1989. The trial court held that Stacia Yancey was entitled to receive all of the net income from the trust for that year. The bank has appealed contending that the probate court should have apportioned the annual income between the successor beneficiary and the deceased beneficiary\u2019s estate, citing, along with other authority, Wineland v. Security Bank & Trust Co., 238 Ark. 625, 383 S.W.2d 669 (1964). Stacia Yancey notes that the estate of Elizabeth Yancey has not appealed and argues, in substance, that the bank lacks standing to do so. Because we agree with the appellee, we do not reach the merits of the issue raised by the bank.\nIt is the general rule that a trustee, acting in its representative capacity, cannot by an appeal litigate the conflicting claims of beneficiaries. See In re Ferrall\u2019s Estate, 33 Cal.2d 202, 200 P.2d 1 (1948). He lacks standing to do so. IIA Austin W. Scott & William F. Fratcher, The Law of Trusts \u00a7 183 (4th ed. 1987); Bryant v. Thompson, 128 N.Y. 426, 28 N.E. 522 (1891). Our courts have recognized the concept of \u201cstanding to appeal.\u201d See Arkansas State Highway Comm\u2019n v. Perrin, 240 Ark. 302, 399 S.W.2d 287 (1966). Only a party aggrieved by the court\u2019s order can appeal that order. Beard v. Beard, 207 Ark. 863, 183 S.W.2d 44 (1944); Marsh v. Hoff, 15 Ark. App. 272, 692 S.W.2d 270 (1985). When the decision in the trial court concerns the respective interests of two beneficiaries, the trustee is not an aggrieved party. Castle v. Irwin, 25 Haw. 807 (1921); Scott, supra, \u00a7 183. See also In re Campbells\u2019s Estate, 6 Haw. 475, 382 P.2d 920 (Haw. 1963); In re Musser\u2019s Estate, 341 Pa. 1, 17 A.2d 411 (1941). The underlying basis for the rule is the trustee\u2019s duty to deal impartially with beneficiaries. In re Ferrall\u2019s Estate, supra; Hardy v. Hardy, 222 Ark. 932, 263 S.W.2d 690 (1954); Restatement (Second) of Trusts \u00a7 183 (1959).\nIt is suggested that because the bank has filed a claim against the estate of Elizabeth Yancey it may have standing as a creditor of that estate to pursue the appeal. We must reject the suggestion. To take such a position would put the bank in the position of violating its fiduciary duty to deal impartially with multiple beneficiaries. Indeed, such a position would be inconsistent with that which the trustee took at trial, when it expressly recognized that duty and stated it was merely \u201cattempting to avoid making distribution to the incorrect beneficiary.\u201d Finally, the trial judge appointed a special administrator in this proceeding for the specific purpose of representing the creditors of the estate of Elizabeth Yancey, and the special administrator has not appealed.\nFor the reasons stated we are persuaded that the appellant lacks standing to appeal and therefore the appeal must be dismissed.\nDismissed.\nCracraft, C.J., and Rogers, J., agree.",
        "type": "majority",
        "author": "John E. Jennings, Judge."
      }
    ],
    "attorneys": [
      "John Joplin, for appellant.",
      "Jones & Petty, by: John Harris Jones, for appellant."
    ],
    "corrections": "",
    "head_matter": "FIRST NATIONAL BANK of DeWitt v. Stacia YANCEY\nCA 91-82\n826 S.W.2d 287\nCourt of Appeals of Arkansas Division II\nOpinion delivered December 26, 1991\nJohn Joplin, for appellant.\nJones & Petty, by: John Harris Jones, for appellant."
  },
  "file_name": "0224-01",
  "first_page_order": 248,
  "last_page_order": 250
}