Murphey

Murphey v. Salvation Army

Good Law
1971 Cal. LEXIS 236·5 Cal. 3d 56·95 Cal. Rptr. 343·485 P.2d 543
Supreme Court of CaliforniaJune 9, 1971L.A. No. 29864California1,710 words

Opinion

lead Opinion

Sullivan, J.

This is an appeal from a judgment settling and approving the first account current and report of the trustees of a testamentary trust, and allowing fees to the trustees in the sum of $125,000 and to the attorneys for the trustees in the sum of $25,000. The only portion of the judg *58 ment attacked on appeal is the above award of trustees’ fees. Although making no claim that the sum of $125,000 is unreasonable compensation for the services rendered, appellants contend that the award cannot be upheld because not all the services being compensated were rendered to the trust. We have concluded that there is substantial evidence in the record to support the fee on the basis of services rendered solely for the benefit of tfye trust. We, therefore, affirm the judgment.

William L. Murphey, Norman J. Essig and Union Bank (trustees) are co-trustees of a testamentary trust established under the will of Elsinore Gilliland. On October 31, 1967, by preliminary decree the probate court distributed property to the trust of an appraised value of $16,500,000. The trustees immediately undertook administration of the trust. On December 12, 1968, the trustees filed their first account…

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