Estate of CLARENCE WATSON McCABE, Deceased. VIRGINIA ROSE McCABE BURWELL, Appellant, v. VIOLET M. McCABE, as Trustee, etc., Respondent

87 Cal. App. 2d 430 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that while substantial evidence supported the trial court’s approval of most expenditures from a testamentary trust, a specific charge of $22,500 for maintenance, which was based on conjecture rather than detailed accounting, was not supported by sufficient evidence and constituted a breach of the trustee’s duty to keep accurate records, especially given the commingling of trust and personal funds.

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