ESTATE OF BODGER

Docket No. 20458.

130 Cal.App.2d 416 (1955)

279 P.2d 61

Estate of JOHN C. BODGER, Deceased. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a National Banking Association), Appellant, v. JOHN C. BODGER, JR., et al., Beneficiaries and Respondents.

Court of Appeals of California, Second District, Division Two.

January 26, 1955.


Attorney(s) appearing for the Case

Denio, Hart, Taubman & Simpson for Appellant.

No appearance for Respondents.

John F. McCarthy, as Amicus Curiae on behalf of Respondents.


McCOMB, J.

Decedent's will created a testamentary trust. It provided that the trustee should be paid an annual fee for its usual and ordinary services of 3/4 of 1 per cent of the reasonable value of the corpus of the trust, payable out of income or principal at the discretion of the trustee. The decree of distribution, from which no appeal was taken and which is final, contains a like provision.

In an annual account the trustee took credit for an annual fee...

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