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MAY v. OKLAHOMA BANK AND TRUST CO.

No. 107,707.

261 P.3d 1138 (2011)

2011 OK 52

Marvin Gentry MAY, Appellant, v. The OKLAHOMA BANK AND TRUST COMPANY, Trustee of the Homer E. May Testamentary Trust, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied September 30, 2011.

Attorney(s) appearing for the Case

B.J. Brockett , Oklahoma City, Oklahoma, for Appellant.

Denver Meacham II , Clinton, Oklahoma, for Appellee.

COLBERT, V.C.J.

¶ 1 The issue in this matter is whether a trustee is entitled to charge the trust for attorney fees it incurred and a "special trustee fee" it imposed for recovering a portion of the royalty income which the trust would have received if trustee had met its statutory obligation to file a partial decree of distribution that transferred the mineral estate to the trust. This Court holds that fees incurred as a result of the trustee's negligence are...

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