Injunction Without Hearing Vacated

The Orphans’ Court erred, and abused its discretion, when it entered an injunction against a trustee prohibiting the payment of legal fees and costs without first hearing evidence to determine if a breach of trust had occurred or may occur and whether an injunction was necessary to prevent immediate and irreparable harm. The court also erred in enjoining the exercise of a power of appointment based on alleged misconduct by the trustee when the power of appointment was held in a nonfiduciary capacity and was separate and distinct from the duties as trustee. In re: Trust under Deed of Trust of Nell G. Jack, 2022 PA Super 158, ___ A.3d ___ (9/14/2022).

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