Szeyller

*453 Don Smith Sr. and Gladys Smith created a family trust naming their five children as beneficiaries. As is often the case, upon the demise of the trustors, a dispute arose *588 amongst the trust beneficiaries concerning the management of the trust and the distribution of its monetary assets. One of the children, Joann Szeyller (née Smith), and her husband were the trustees. Her brother, Don, took issue with their management of the trust and its accountings. Not all of the siblings, however, participated in the litigation though each was named and given notice of the proceedings.

Following five days of trial, the case was resolved by agreement of the parties with court oversight and approval. The stipulated settlement included the awarding of $721,258.28 to Don for attorney and expert fees and costs to be paid from assets of the trust and its sub-trusts.

One of the non-participating beneficiaries, Samuel Wachtor, 1 objected contending that the court lacked jurisdiction to make such an order and to make the award to Don for his attorneys and expert fees from trust assets. He also contended the order violated Donna's right to due process. We disagree. Here we hold that the trial…