Estate of Muhammad

Geis & MacFarland and Roy G. MacFarland for Objector and Appellant.

Belli, Ashe, Ellison, Choulos, Cone & Harper, Belli, Ashe, Ellison, Choulos & Lieff, Frederick A. Cone and Vasilios B. Choulos for Petitioners and Respondents.

OPINION

JANES, J.

Appellant bank is testamentary trustee under the last will and testament of Ata Muhammad, who died on January 6, 1961. The appeal is from an order made in the estate proceeding on July 18, 1967, fixing attorneys' fees and directing the executors to pay those fees to respondent attorneys for services performed by them on behalf of Yasmin Muhammad, the decedent's minor daughter, in a contest of decedent's will.

The will was admitted to probate on February 3, 1961. After the payment of taxes, approved claims, and the expenses of administration, the will left one-fourth of the residuary estate (including mineral rights) in trust for Yasmin's support, education, and welfare (hereinafter, "Trust `A'"). The will directed appellant bank, as trustee, to apply to those trust purposes so much of the trust property (corpus, income, and revenue therefrom) as the trustee in its sole and absolute discretion deemed best. [1] The will gave the other…