Gilfillan

This is an appeal by a life beneficiary, Sue Ann Brown (Brown), from an order of the probate court of the Los Angeles Superior Court settling the account of a testamentary trustee and permitting the trustee to pay itself fees in advance of approval by the court. The appeal

Facts

Brown is one of several income beneficiaries of a trust established by the will of Edna Miles Gilfillan, deceased. Other beneficiaries include Brown’s minor children and the children of Joan Phillips. The trustee of the trust is Security Pacific National Bank (Security Pacific), the respondent herein. The will establishing the trust is silent as to the amount of compensation to be paid the trustee or the manner in which such payments should be made.

Security Pacific filed an “Amended Second Account Current and Report of Trustee, Petition for Allowance of Fees to Trustee and Attorneys” on September 24, 1976, in the Superior Court of Los Angeles *432 County. Brown took exception to the amount of fees claimed by Security Pacific for itself and its counsel in the amended account current; she also objected to the fact that Security Pacific had taken its fees in advance of a court order permitting…