Colyear

Margaret Colyear Halvorson, one of the income beneficiaries of a testamentary trust provided for in the will of her deceased husband, Richard Curtis Colyear, appeals from an order of the trial court settling the third account current of the successor trustee and allowing trustee’s fees and attorneys’ fees. Appellant contends that a portion of the trustee’s fees and attorneys’ fees allowed should have been charged to corpus rather than to income, since a substantial part of the services for which such fees were awarded must be classified as extraordinary.

*673 Respondent, Byron O. Smith, who was appointed guardian ad litem by the trial court to represent the minor beneficiaries, minor contingent beneficiaries and the class of persons consisting of unborn contingent beneficiaries, has taken the position both in the court below and in this court that all of said allowances were correctly charged to income. The successor trustee, Richard Calhoun Colyear, has not taken a position on the issue presented by this appeal, since he is personally affected both as an income beneficiary and as a remainderman.

Richard Curtis Colyear died testate on January 6, 1961, leaving a will…