Estate of ABRAHAM L. GUMP, Deceased; WELLS FARGO BANK, as Trustee, etc., Petitioner and Appellant, v. ROBERT L. GUMP et al., Objectors and Appellants
128 Cal. App. 3d 111 ·
California Court of Appeal · Filed
Published · citable
Cited by 3
Holding
The court held that while a probate court has discretion to deny a trustee compensation for services related to a mismanaged trust asset, any additional surcharge beyond that disallowance requires evidence of actual loss to the trust estate; further, attorney fees are not recoverable by beneficiaries under either a tort theory or the common fund doctrine under the circumstances presented.
Statutes construed
- CCP § 1021
- CIV § 2238
- CIV § 2259
- PROB § 1120
- PROB § 1122
Cited by (3)
- 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 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 PAUL R. PARRETTE, Deceased. ANNE-LISE PARRETTE et al., Petitioners and Respondents, v. S. R. HUTCHISON, as Trustee, etc., Objector and Appellant (1985) 165 Cal. App. 3d 157