Whittlesey

Timothy H. Steams (Steams) appeals from that portion of a final judgment denying his request for attorney fees and costs incurred in representing the trastee in litigation over the validity of a trust amendment. Steams contends the court erroneously based its denial on his lack of success in the litigation. We conclude that, because this was a dispute between competing trust beneficiaries and not a challenge to the trust itself, the trial court properly denied litigation expenses. However, we reverse the denial of compensation in connection with earlier litigation in which the trustee prevailed.

Facts and Procedural History

This is the fourth time this matter has come before us. The underlying litigation began as a challenge to a restated and amended trust executed by decedent James Bertram McAdams shortly before his death in June 1996. In 1990, decedent and his then wife, Anna McAdams, created a revocable trust (the trust), which named their niece, petitioner Joyce L. Whittlesey, as the trustee and primary beneficiary. After Anna’s death, decedent married Margaret McAdams, née Thomson (Margaret), and amended the trust to confirm a gift to Margaret of $100,000 as…