Estate of Griffith

97 Cal.App.2d 651 (1950) Estate of GRIFFITH J. GRIFFITH, Deceased. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, Respondent,

v.

CITY OF LOS ANGELES (DEPARTMENT OF PARKS), Appellant.

Civ. No. 17221. California Court of Appeals. Second Dist., Div. Two.

May 22, 1950. Ray L. Chesebro, City Attorney, Bourke Jones and Roger Arnebergh, Assistant City Attorneys, and Alan G. Campbell, Deputy City Attorney, for Appellant.

Newlin, Holley, Sandmeyer & Tackabury, Clyde E. Holley and Hudson B. Cox for Respondent.

McCOMB, J.

Objector appeals from an order of the probate court allowing the trustee of a testamentary trust of Griffith J. Griffith, deceased, (1) $30,000 additional fees for its extraordinary services in connection with the erection and equipping of the Griffith Park Observatory during the period of 21 1/2 years before the 19th account was filed, and (2) $3,000 for its attorneys' fees in connection with the hearing of the trustee's application for extraordinary fees.

Facts: During his lifetime Colonel Griffith J. Griffith gave to the people of the city of Los Angeles several hundred acres of scenic land which is now called Griffith Park. Upon his death in July, 1919, his will created a testamentary trust, naming the corporate predecessor of respondent as trustee with directions that $100,000 of the fund be used for the construction of a Greek Theatre in Griffith Park and the balance be used to construct and equip an observatory and hall of science. His will was admitted to probate on July 11, 1919, and the final decree of distribution entered November 12, 1924.

The estate distributed to the trustee consisted of $256,431.23 in cash, and real estate appraised at $204,460.51. The trust fund was not large enough in 1924 to construct the Greek Theatre and the hall of science. Accordingly funds were permitted to accumulate until 1928, when the Greek Theatre was commenced and by arrangement with the park department of the city of Los Angeles additional funds were provided for the construction and equipping of the theatre.

Shortly thereafter it was decided that the observatory and hall of science should center around a planetarium. Various scientists were consulted and the plan progressed to fruition when the observatory was opened to the public on May 14, 1935.

Prior to the order appealed from respondent filed seven reports and current accounts in which the trustee recited generally its management of the trust funds and the work