Gaynor

INTRODUCTION

E.H. Bulen and Christopher Bulen (collectively the Bulens), the former cotrustees

of a family trust, appeal an order awarding attorney fees to their cousins, Dorothy

Gaynor, James Wilmot, Michelle Gaynor and Max Gaynor (collectively the Gaynors)

who prevailed in a probate action regarding interpretation and administration of the Bulen

Trust (Trust). The court determined the terms of the Trust required appointment of a

neutral corporate successor trustee to administer the Trust rather than a committee of

family members serving as cotrustees, which is what had occurred for decades. The court

then appointed a corporate trustee that assured the court it will follow the express terms

of the Trust and make income distributions sprinkling among the generations of

beneficiaries, as opposed to the long-standing practice of the former cotrustees to only

distribute income to the most senior generation of beneficiaries. The trial court awarded

the Gaynors attorney fees after it concluded their efforts resulted in obtaining access to

Trust fund income for younger generations, which previously was unavailable. We

affirm, concluding the trial court properly exercised…