Parrette v. Hutchison

The widow and daughter of Paul R. Parrette, as beneficiaries, petitioned the Monterey County Superior Court for orders (1) requiring S. R. Hutchison, trustee of decedent’s testamentary trust and of his inter vivos trust, to file accounts of his administration of each trust and to distribute assets, (2) determining reasonable fees for the trustee, and (3) removing Hutchison as trustee, and appointing a successor trustee. Hutchison objected, claiming that he was not subject to the jurisdiction of the court by virtue of the following provision in each trust: “No bond shall be required of the original trustee or of any successor trustee hereunder; and neither original trustee nor any successor trustee shall be subject to the jurisdiction of the court administering the estate of Paul R. Parrette; nevertheless each trustee shall render a written accounting of said trust estate to each beneficiary thereof not less frequently than annually.”

The trial court determined it had jurisdiction and granted the orders prayed for. The trustee appeals, contending: (1) the court’s determination of jurisdiction was in error, and (2) the court failed to hold a hearing on the merits of the…