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COMERICA BANK v. CITY OF ADRIAN

Docket Nos. 100686, 106687.

179 Mich. App. 712 (1989)

446 N.W.2d 553

COMERICA BANK v. CITY OF ADRIAN

Michigan Court of Appeals.

Decided August 22, 1989.

Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by J. Bruce Donaldson, Raymond T. Huetteman, Jr., and Terrence E. Haggerty), for appellant.

Baker, Durst, Marr, Nelson, Benz & Baldwin (by Dane C. Nelson), for appellee.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Frederick H. Hoffecker and Luis F. Fernandez, Assistant Attorneys General, for intervenor-appellee.

Amici Curiae:

Warner, Norcross & Judd (by Jeffrey O. Birkhold), for Michigan Bankers Association.

Monaghan, Campbell, LoPrete, McDonald & Sogge (by James H. LoPrete), for the Probate and Estate Planning Section of the State Bar of Michigan.

Before: MICHAEL J. KELLY, P.J., and GILLIS and CYNAR, JJ.

PER CURIAM.

In Docket No. 100686, appellant, Comerica Bank, appeals as of right from the probate court's denial of its request for fiduciary fees. We reverse and remand for further proceedings. In Docket No. 106687, appellant appeals as of right from the probate court's order granting appellee the City of Adrian's request to remove appellant as decedent's trustee. We affirm.

Decedent Harriet Kimball Fee executed a will on December 31, 1943, which created a...

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