Estate of Cassity

In a petition filed in superior court sitting in probate Lewis J. Deak, a resigned trustee of trusts created by will of Ellen Louise Cassity, deceased, seeks an allowance of costs and trustee’s fees and in a supplemental petition seeks an allowance for attorney’s fees and costs, all of which were allegedly incurred in defending litigation commenced by a beneficiary attempting to reopen the 8th, 9th, 10th, 11th, and 12th accounts previously filed and approved and involving objections and exceptions to the 13 th, 14th and 15 th accounts, petition for his removal and an accounting as one of the trustees of the Camilla Cassity trust. Deak’s petitions were denied. In accordance with the request therefor on March 15, 1978, the court below made the following findings of fact and conclusions of law: “In accordance with the Requests of Co-Trustees Deak and Sternberg for Findings of Fact and Conclusions of Law on the Court’s Order denying their Petitions for Attorney’s Fees and Costs, the Court hereby makes the following Findings:

“On the basis of the above Findings, and in the exercise of its discretion, the Court concludes that neither Trustee Deak nor Sternberg should recover…