Gump
Wells Fargo Bank v. Gump
Opinion
Lead Opinion
Racanelli, J.
Appellant Wells Fargo Bank, N.A., the then duly designated testamentary trustee (Trustee) of several trusts created under the will of decedent, Abraham L. Gump, 1 appeals from that part of the judgment settling its eighth annual account partially disallowing its requested compensation on the basis of the Trustee’s negligent mismanagement of certain trust assets. Respondents, five of the six trust beneficiaries who objected to the account below, cross-appeal from the order denying their related request for attorney and accountant fees.
Facts
We recite the relevant facts: The assets administered under the terms of the trusts consisted of (1) a 60.41 percent interest in real property at 250 Post Street leased to the venerable San Francisco business firm known as Gump’s retail store; (2) a 60.41 percent interest in mineral rights on certain property situated in. Kern County; and (3) securities and cash having an aggregate value in excess of $2 million. The rental income derived from the 250 Post Street lease, generating approximately 70 percent of the trust income, consists of an annual base rent of $350,000, plus 4 percent of the lessee’s gross sales. Under the terms of…