Grant

Security First National Bank v. Grant

Good Law
1964 Cal. LEXIS 287·36 Cal. Rptr. 450·60 Cal. 2d 756·388 P.2d 682·19 A.L.R. 3d 506
Supreme Court of CaliforniaFebruary 4, 1964L. A. No. 27299California4,992 words

Opinion

lead Opinion

Schauer, J.

Appellants, hereinafter sometimes called objectors, are two minors appearing by the guardian of their respective estates. As presumptive remainder beneficiaries of a testamentary trust, they appeal from certain parts of an order settling the eighth account current of the trustee. Their purported appeal from certain parts of an order overruling their objections to the account should be dismissed; such order is not one of those listed in section 1240 of the Probate Code and is not appealable. (Estate of Schechman (1955) 45 Cal.2d 50, 54 [5] [ 286 P.2d 345 ]; Estate of Smead (1938) 12 Cal.2d 20, 26 [6] [82P.2d 182].)

As will appear, we have concluded that the portions of the order appealed from should be reversed insofar as the court undertook to award to the trustee additional compensation for assertedly extraordinary services, over and above the compensation fixed by the testator and the decree of final distribution, but affirmed otherwise.

Security First National Bank is the trustee of the subject testamentary trust established under the will of Frederick M. Bissinger, admitted to probate on July 27, 1953. On December 10, 1954, a decree of final distribution was entered,…

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