Estate of CHARLES S. HOWARD, Deceased. BARRY BRANNEN, Petitioner and Respondent, v. CHARLES S. HOWARD III et al., Objectors and Appellants; CROCKER NATIONAL BANK, at Trustee, etc., et al., Objectors and Respondents
58 Cal. App. 3d 250 ·
California Court of Appeal · Filed
Published · citable
Cited by 4
Holding
The court held that the probate court erred in its limited review of the trustees’ accounts by refusing to consider evidence of alleged trustee misconduct, as such claims are integral to the proper settlement of an account under Probate Code section 1120. The court further held that an attorney for a trustee lacks the authority to petition directly for his own fees, and the probate court exceeded its jurisdiction by entering an award on such a petition that affected the property interests of non-trustee owners.
Statutes construed
- CCP § 43
- PROB § 1120
- PROB § 911
Cited by (4)
- Estate of RAY C. GODDARD, Deceased. CALIFORNIA FIRST BANK, as Trustee, etc., Petitioner and Appellant, v. BETTY ELIZABETH CULP et al., Claimants and Respondents; THE SUPERIOR COURT OF SAN DIEGO COUNTY, Objector and Respondent (1984) 157 Cal. App. 3d 340
- Estate of ALBERT ROYAL LINNICK, Deceased. BERG, SPIRE, MILLER & FRAADE, Petitioner and Appellant, v. DAVID E. AGNEW, as Successor Administrator With the Will Annexed, etc., Objector and Respondent (1985) 171 Cal. App. 3d 752
- GORDON LAZZARONE, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent (1986) 181 Cal. App. 3d 581
- ANDREW KEATING FORTHMANN as Cotrustee, etc., et al., Plaintiffs and Respondents, v. JOHN F. BOYER, Defendant and Appellant (2002) 97 Cal. App. 4th 977