Whittlesey v. Aiello
104 Cal. App. 4th 1221 · C038739
California Court of Appeal, Third Appellate District · Filed
Published · citable
Cited by 7
Holding
The court held that a trustee is not entitled to reimbursement from trust assets for litigation expenses incurred in defending a trust amendment against a contest when the dispute was not over the preservation of the trust itself but rather a conflict between competing beneficiaries over the allocation of trust benefits.
Statutes construed
- PROB ยง 15684
Cited by (7)
- SHOLLY TERRY, as Successor Trustee, etc., Plaintiff and Respondent, v. IONE N. CONLAN, Defendant and Appellant (2005) 131 Cal. App. 4th 1445
- KAREN THOMAS, as Guardian, etc., Plaintiff and Appellant, v. ROBERT A. GUSTAFSON, as Trustee, etc., Defendant and Respondent (2006) 141 Cal. App. 4th 34
- REIKO MILLER, Plaintiff and Respondent, v. CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDEL & PASTORE, Defendant and Appellant (2008) 162 Cal. App. 4th 1331
- PATRICK S. DONAHUE, Plaintiff and Respondent, v. MICHELLE DONAHUE, Defendant and Appellant (2010) 182 Cal. App. 4th 259
- P. ex rel. Harris & Becerra v. Shine (2017) 224 Cal. Rptr. 3d 380
- SUSAN DOOLITTLE, Plaintiff, Cross-defendant and Appellant, v. EXCHANGE BANK, as Trustee, etc., Defendant, Cross-complainant and Respondent (2015) 241 Cal. App. 4th 529
- KIM BUTLER et al., Plaintiffs and Respondents, v. JOHN F. LeBOUEF, Defendant and Appellant (2016) 248 Cal. App. 4th 198