Dolan, P.J.
This is an action in which plaintiff, a 50% beneficiary of an estate and a trust, seeks damages from defendant who allegedly collected from trust assets, without authorization, a legal fee for services rendered by him to an estate. The court allowed defendant's Dist./Mun. Cts. R. Civ. P., Rule 12 (b) (6) motion to dismiss for failure to state a claim upon which relief can be granted and plaintiff appealed to this division. There is no error.
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