Estate of Gump

Goldstein & Phillips, Alvin H. Goldstein, Jr., Mark L. Musto, Monte Travis, Edward P. Nelson and Edward F. Pearson for Objectors and Respondents.

OPINION

KLINE, P.J. —

Appellant Wells Fargo Bank, N.A. (Wells Fargo), the testamentary trustee of several trusts created under the will of Abraham L. Gump from December 11, 1969, to July 17, 1979, appeals from the judgment settling the ninth, tenth and supplemental accounts and reports of the trustee. [1] The judgment disallowed the bulk of Wells Fargo's requested compensation, including reimbursement for attorney fees incurred during the periods of the ninth, tenth and supplemental accounts (also referred to collectively as the "final accounts") on the bases of Wells Fargo's negligent and intentional breaches of trust and fiduciary duty, intentional misconduct constituting actual, constructive and statutory fraud against the beneficiaries, and on the ground that the will of Abraham Gump prohibited Wells Fargo from claiming extraordinary compensation, attorneys' fees and expenses incurred in defending beneficiaries' claims arising from such maladministration.

Specifically, judgment was entered in favor of beneficiaries, denying Wells…