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IN RE TRUST NO. T-1 OF TRIMBLE

No. 11-1967.

826 N.W.2d 474 (2013)

In the Matter of TRUST #T-1 OF Mary Faye TRIMBLE, Judith R. Cunningham, Trustee, Appellant.

Supreme Court of Iowa.

January 25, 2013.

Attorney(s) appearing for the Case

Kyle S. Irvin of Corbett, Anderson, Corbett, Vellinga & Irvin, L.L.P., Sioux City, for appellant Judith R. Cunningham.

Richard A. Cook of Herrick, Ary, Cook, Cook, Cook & Cook, Cherokee, for appellee Marylynn Miller.

Margaret D. Van Houten and Jodie C. McDougal of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, and J. Michael Deege of Wilson, Deege, Dollar, Despotovich & Riemenschneider, West Des Moines, for Amicus Curiae, Iowa Trust Association.

WATERMAN, Justice.

In this appeal, we review probate court orders compelling trustee Judith R. Cunningham to personally pay $54,120 in attorney fees and costs incurred litigating whether her sister, Marylynn Miller, a beneficiary, was entitled to an accounting for the period their aunt, settlor Mary Faye Trimble, was alive and the trust revocable. We also review the ruling compelling that accounting. This appeal provides an opportunity to address the criteria for...

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