Hollister

This action was originally commenced by the plaintiffs, who are beneficiaries under the Jeanie H. Hale inter vivos trust of June 5, 1932, to remove defendant, also a beneficiary under said trust, from the office of trustee. Defendant employed the firm of Sehauer, Ryon & McIntyre to represent him in this case, which came on for trial on November 9, 1960. It became obvious to all parties that defendant, who was a man 90 years of age and who has since passed away, was unable to withstand the strain of a trial. As a consequence, the parties entered into a settlement which resulted in defendant’s resigning as trustee; his nomination, subject to court approval, of Atwell Westwiek as his successor trustee; the entry of a stipulated judgment dated November 28, 1960, approving, inter alia, the resignation of defendant as trustee of said trust, and the approval of Westwiek as successor trustee. As a part of these proceedings plaintiffs withdrew certain allegations in their pleadings wherein they charged defendant with mismanagement of the trust property, and that, by reason of his advanced age, he was unable to discharge the responsibilities involved.

On February 1, 1961, Westwick filed…