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.
Statutes construed
- CIV § 2229
- CIV § 2237
- CIV § 2239