GORDON P. GETTY, as Trustee, etc., et al., Plaintiffs and Appellants, v. CAROLINE M. GETTY et al., Defendants and Respondents
205 Cal. App. 3d 134 · B025524
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a probate court possesses the inherent equitable authority to partially suspend a trustee’s powers and appoint a limited-purpose “trustee ad litem” to manage litigation where an irreconcilable conflict of interest exists between the trustee’s personal interests and his fiduciary duty to the beneficiaries, even in the absence of evidence of actual past wrongdoing.
Statutes construed
- CIV § 2233
- CIV § 2283
- PROB § 1138.1
- PROB § 1138.2
- PROB § 15642
- PROB § 17200
- PROB § 17206
- PROB § 17207
Cited by (2)
Authorities cited (7)
- Adams v. Cook 15 Cal.2d 352
- ORVAL WILLIAM STEWART, as Trustee, etc., Petitioner and Appellant, v. THOMAS TOWSE, Objector and Respondent 203 Cal.App.3d 425
- Fatjo v. Swasey 111 Cal. 628
- Estate of ELSINORE MACHRIS GILLILAND, Deceased. UNION BANK, as Co-trustee, etc., et al., Petitioners and Respondents, v. AMERICAN HEART ASSOCIATION et al., Objectors and Appellants 73 Cal.App.3d 515
- Estate of MURRAY SCHLOSS, Deceased. WALTER GOULD LINCOLN, Individually and as Trustee, etc., et al., Petitioners and Appellants, v. FRED S. REINHOLD et al., as Trustees, etc., Objectors and Respondents 56 Cal.2d 248
- Moore v. Bowes 8 Cal.2d 162
- Getty v. Getty 28 Cal.App.3d 996