Culp

California First Bank v. Culp

Good Law
157 Cal. App. 3d 340·1984 Cal. App. LEXIS 2208·203 Cal. Rptr. 623
Court of Appeal of CaliforniaJune 19, 1984Civ. No. 28960California1,139 words

Opinion

Lead Opinion

Butler, J.

California First Bank as trustee of a testamentary trust appeals an order continuing the court’s jurisdiction over the trust and requiring the bank to submit an accounting every three years. We conclude the bank as trustee is not subject to continuing court jurisdiction under the 1983 amendment to Probate Code 1 section 1120 as the trust does not so provide, and reverse.

I

Ray C. Goddard died testate February 26, 1951. His will was admitted to probate and assets were distributed to a testamentary trust with the bank’s predecessor as trustee for the benefit of his wife and surviving children. The bank filed nine triannual accountings showing amounts paid to itself as trustee fees. In each instance, the amounts paid were within court guidelines and the compensation was always approved by the court.

II

Section 1120 was amended by adding subdivision (a) effective January 1, 1983: “A trust created by a will is not subject to the continuing *342 jurisdiction of the superior court, unless the testator provides otherwise. Article 2 (commencing with Section 1138) shall be applicable to the trust to the extent that the will or article does not provide otherwise.” The bank filed…

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