Leach

In appellant Nancy Bell Leach’s action to remove a cloud on title to real property, the trial court granted summary judgment in favor of respondents James and Kathleen Prescott, Home Savings and Loan Association, and others. The trial court also denied respondents’ motions for attorneys’ fees.

In consolidated appeals, Leach challenges the summary judgments, while the Prescotts challenge denial of their motion for attorneys’ fees. In the first appeal, Leach contends that the trial court erred (1) by finding that the lenders—Home Savings and the Prescotts—had no legal duty to investigate a probate court file; and (2) by granting summary judgment when disputed material facts existed about whether the lenders had knowledge of Charles Bell’s lack of authority to encumber trust property. In the second appeal, the Prescotts contend that, as prevailing parties, they were entitled to attorneys’ fees even though Leach was not a signatory to the contract on which the action was based. We find no merit in either appeal and affirm the judgments and order.

I. Facts

At Alma Bengard’s death in 1964, a testamentary trust was created for the benefit of her daughter, June Bengard Bell.…