Soberanes

The plaintiff, B. A. Soberanes, appeals from an adverse judgment in an action to recover on a rejected claim presented by him against the estate of Salvador Espinosa, deceased, for compensation alleged to be due him as trustee of an express trust created by the decedent about nine years prior to his death. Respondent contended before the trial court, as here, that the trust estate and not the estate of the decedent was responsible for the payment of any such compensation; and we are of the opinion that this contention must be sustained.

It appears that the decedent was the owner of an undivided one-eighth interest in a large acreage of land in Monterey County, and on April 12, 1917, by an instrument in writing, created a trust as to an undivided two-thirds of his undivided one-eighth interest in said lands, allotting to each of the beneficiaries therein named a definite number of acres. The trust instrument appointed Z. B. Stuart trustee with power to name his successor in the event he relinquished his trust, and provided that the trustee’s compensation should be fixed on a percentage basis calculated on the value of the trust property handled by him. The remaining one-third of…