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Louisiana Law R eview Volume 33 | Numb r 2 The Work of the Louisiana Appellate Courts for the 1971-1972 Term: A Sy mp osium Winter 1973 Private Law : Commercial Paper Ronald L. Hersbergen R pository Citation Ronald L. H rsb rg n, Pri ate Law: Commercial Pap er, 33 La. L. R v. (1973) Available at : http://digitalcommons.law.lsu. du/lalr v/vol33/iss2/14 This Article is brought to you for fr e and op n acc ss by the Law R vi ws and Journals at DigitalCommons @ LSU Law C nt r. It has b n acc pt d for inclusion in Louisiana Law R vi w by an authoriz d administrator of DigitalCommons @ LSU Law C nt r. For more information, pl ase contact sarah.buras@law.lsu. du. LOUISIANA LAW REVIEW [Vol. 33 occurs; by the same token, the court should have power to com- pel the trustee to correct an abuse which has already occurred. It is interesting that the court relies upon the settlors inten- tion as its standard, rather than the less subjective prudent man rule. In his respect, the decision accords with those in other jurisdictions. Huber v. Calcasieu Marine National Bank involved an action against the trustee for alleged maladministration of an inter vivos trust. The settlor of that trust died before the action was brought, leaving her entire estate in two testamentary trusts, one for the benefit of her only child, a son, and the other for the benefit of his six children. It was alleged and sustained that the action against the trustee of the inter vivos trust was an asset of the estate of the settlor and thus became part of the trust property of the testamentary trusts. It remained