Estate of CLIFFORD B. PITZER, Deceased. NEIL T. BURTON, as Executor, etc., et al., Petitioners and Respondents, v. SECURITY PACIFIC NATIONAL BANK, as Trustee, etc., Objector and Appellant
155 Cal. App. 3d 979 ·
California Court of Appeal · Filed
Published · citable
Cited by 1
Holding
The court held that a trustee’s loan of its own funds to a third-party purchaser of trust property constitutes impermissible self-dealing and a breach of fiduciary duty as a matter of law, and further affirmed the probate court’s surcharges for the trustee’s failure to account for the separate value of a water well and to secure interest on the purchase price held in escrow.
Statutes construed
- CCP § 437c
- CIV § 2228
- CIV § 2229
- CIV § 2259
- CIV § 2261
Cited by (1)
- TED E. VAN DE KAMP et al., Plaintiffs and Appellants, v. BANK OF AMERICA, Defendant and Appellant (1988) 204 Cal. App. 3d 819