Estate of RICHARD H. LACY, Deceased. SECURITY PACIFIC NATIONAL BANK, as Co-trustee, etc., et al., Petitioners and Respondents, v. HELEN FITZPATRICK et al., Objectors and Appellants

Holding

The court held that a motion to set aside submission, filed on behalf of certain beneficiaries, extended the time for all parties to file a notice of appeal under California Rules of Court, rule 3(b). On the merits, the court found no abuse of discretion in the award of extraordinary trustee fees for a major renovation project that substantially increased trust income, as the award was supported by substantial evidence. However, the court reversed and remanded for a factual determination on whether the trustees knew or should have known of the existence of certain contingent remaindermen who received no notice of the accounting proceeding, holding that such notice is a fundamental requirement of due process.