Security First National Bank v. Grant

388 P.2d 682, 60 Cal. 2d 756, 36 Cal. Rptr. 450, 19 A.L.R. 3d 506, 1964 Cal. LEXIS 287
CourtCalifornia Supreme Court
DecidedFebruary 4, 1964
DocketL. A. No. 27299
StatusPublished
Cited by41 cases

This text of 388 P.2d 682 (Security First National Bank v. Grant) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Security First National Bank v. Grant, 388 P.2d 682, 60 Cal. 2d 756, 36 Cal. Rptr. 450, 19 A.L.R. 3d 506, 1964 Cal. LEXIS 287 (Cal. 1964).

Opinion

SCHAUER, J.

Appellants, hereinafter sometimes called objectors, are two minors appearing by the guardian of their respective estates. As presumptive remainder beneficiaries of a testamentary trust, they appeal from certain parts of an order settling the eighth account current of the trustee. Their purported appeal from certain parts of an order overruling their objections to the account should be dismissed; such order is not one of those listed in section 1240 of the Probate Code and is not appealable. (Estate of Schechman (1955) 45 Cal.2d 50, 54 [5] [286 P.2d 345]; Estate of Smead (1938) 12 Cal.2d 20, 26 [6] [82P.2d 182].)

As will appear, we have concluded that the portions of the order appealed from should be reversed insofar as the court undertook to award to the trustee additional compensation for assertedly extraordinary services, over and above the compensation fixed by the testator and the decree of final distribution, but affirmed otherwise.

Security First National Bank is the trustee of the subject testamentary trust established under the will of Frederick M. Bissinger, admitted to probate on July 27, 1953. On December 10, 1954, a decree of final distribution was entered, declaring the terms of the trust in language substantially identical with that used by the decedent in his will. In particular the decree provided, in accordance with the will, that “For its services as trustee of this trust [the named trustee] shall receive an annual fee equivalent to one half of one [760]*760percent of the reasonable value of the corpus of the trust estate.” No appeal was taken from that decree, and it has long since become final.

The trust estate, consisting of common stocks with a negligible amount of preferred stocks and no bonds, had a value of approximately $800,000. In May 1960 the trustee sold certain of the common stocks for a total sum of about $230,000. After capital gains taxes were paid out of the proceeds, the remaining $173,000 was invested in municipal bonds and the entire transaction was submitted for court approval in the trustee’s seventh account current. Both the life-income beneficiary and the presumptive remainder beneficiaries filed objections to the seventh account, the former contending that further stock sales should have been made and the latter that the trustee had failed to exercise prudent judgment in making the sales it had made. The objections were heard and overruled, and the order settling and approving the seventh account current has been affirmed on appeal and is now final. (Estate of Bissinger (1963) 212 Cal.App.2d 831 [28 Cal.Rptr. 217].)

While the latter appeal was pending the trustee submitted for court approval its eighth account current, reporting further sales of common stocks, payment of capital gains taxes, and reinvestment of the remaining proceeds in municipal bonds. Applying the formula of 1/2 of 1 per cent of the reasonable value of the trust estate (as provided in the decree of final distribution), the trustee claimed for its fee the amount of $4,435. The trustee further claimed, however, $7,500 as compensation for services rendered by its attorneys in connection with the trial of the issues raised by the above mentioned objections to the seventh account current, and $5,000 as “reasonable compensation for ... extraordinary services performed by petitioner in connection with the preparation of said trial. ’ ’

The present objectors as presumptive remainder beneficiaries filed objections to the eighth account on a variety of grounds. The objections were overruled, the court finding in particular that “the Bank as Trustee performed extraordinary and unusual services in connection with the litigation of the issues raised by the objections and exceptions to the Trustee’s Seventh Account Current and Report in addition to its usual, ordinary and recurring services; that the Bank as Trustee is entitled to be paid reasonable compensation for such extraordinary and unusual services and that the sum of [761]*761$5,000 constitutes reasonable compensation for said services rendered by the Bank as Trustee in connection with said litigation. ...” The court further determined that the trustee was entitled to the $4,435 fee sought by it “for the ordinary and recurring services rendered by it during the period covered by said [eighth] account.”

On appeal objectors challenge principally the award to the trustee of the $5,000 additional compensation. Their other contentions will, however, be disposed of preliminarily.

Power op Trustee to Make the Sales Reported in the Seventh Account Current

Objectors urge that in making such sales the trustee exceeded its powers. As just related, however, the court’s order approving the sales has become final, and it is conclusive upon objectors. (Prob. Code, § 1123; Security-First Nat. Bank v. Superior Court (1934) 1 Cal.2d 749, 755 [4] [37 P.2d 69].) Hence, objectors may not now relitigate that issue.

Computation op Trustee’s Annual Fee.

Objectors further contend that in determining the reasonable value of the trust estate for the purposes of computing the trustee’s annual fee there should have been excluded from the valuation of the trust assets an amount equal to the capital gains tax liability occasioned by the sale of the common stocks. This contention is without merit.

The rule is that the computation of commissions to be paid executors and administrators is based on the value of all property accounted for and charged against the representative. (Estate of Lampman (1940) 15 Cal.2d 212, 216-217 [2] [100 P.2d 488] ; Estate of Carver (1898) 123 Cal. 102, 106 [55 P. 770]; 4 Witkin, Summary of Cal. Law, Wills and Probate, p. 3212.) Trustees should be accorded at least equal treatment. (See Estate of Duffill (1922) 188 Cal. 536, 547 [4] [206 P. 42].) No error is shown in this respect.

Additional Compensation Awarded To Trustee

Section 1120 of the Probate Code declares that “When a trust created by a will continues after distribution, the superior court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction for the purpose of determining to whom the property shall pass and be delivered upon final or partial termination of the trust, to the [762]*762extent that such determination is not concluded by the decree of distribution, of settling the accounts and passing upon the acts of the trustee ... and for the other purposes hereinafter set forth. Any trustee ... appointed to execute a trust created by will, may, from time to time pending the execution of his trust ... render for settlement his accounts and report his acts as such trustee, before the superior court in which the will was probated....” (Italics added.)

Section 1122 directs that “On the settlement of each such account the court shall allow the trustee his proper expenses and such compensation for services as the court may deem just and reasonable....”

The Civil Code, in the chapter dealing with trusts for the benefit of third persons, states in section 2274 that “Except as provided in section 1122 of the Probate Code, when a declaration of trust

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Bluebook (online)
388 P.2d 682, 60 Cal. 2d 756, 36 Cal. Rptr. 450, 19 A.L.R. 3d 506, 1964 Cal. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-first-national-bank-v-grant-cal-1964.