McLellan v. DeGear
8 Cal. 2d 49 ·
Supreme Court of California · Filed
Published · citable
Cited by 5
Holding
The court held that a trustee’s commingling of trust assets with their own property constitutes a per se breach of fiduciary duty, mandating that the trustee be charged with statutory interest on the trust fund from the date of the breach, regardless of the trustee’s good faith or the actual profit realized from the transaction.
Cited by (5)
- ESTATE OF ABRAHAM L. GUMP, Deceased. WELLS FARGO BANK, as Trustee, etc., Petitioner and Appellant, v. ROBERT L. GUMP et al., Objectors and Respondents (1991) 1 Cal. App. 4th 582
- Estate of MORRIS BUCKHANTZ, Deceased. FRIEDA DAVIDSON et al., Appellants, v. UNION BANK AND TRUST COMPANY OF LOS ANGELES, as Executor, etc., et al., Respondents (1958) 159 Cal. App. 2d 635
- Estate of ROSA SCARLATA, Deceased. JOHN SCARLATA et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent (1961) 193 Cal. App. 2d 35
- Estate of CHARLES F. TRAUNG, Deceased. WELLS FARGO BANK AMERICAN TRUST COMPANY et al., as Trustees, etc., Petitioners and Appellants, v. ROBERT H. BAXTER, as Guardian, etc., Objector and Respondent (1962) 207 Cal. App. 2d 818
- WAYNE HILLMAN, Plaintiff and Respondent, v. WALTER G. STULTS, Individually and as Administrator, etc., Defendant and Appellant (1968) 263 Cal. App. 2d 848