Bermingham v. Wilcox

120 Cal. 467 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that a co-trustee is jointly and severally liable for losses resulting from a breach of trust committed by his fellow trustee when his own negligence enabled the breach to occur, and that a beneficiary is not required to exhaust remedies against the estate of the deceased trustee before proceeding against the negligent surviving trustee.

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