Estate of Goddard

157 Cal.App.3d 340 (1984) 203 Cal. Rptr. 623 Estate of RAY C. GODDARD, Deceased.

CALIFORNIA FIRST BANK, as Trustee, etc., Petitioner and Appellant,

v.

BETTY ELIZABETH CULP et al., Claimants and Respondents; THE SUPERIOR COURT OF SAN DIEGO COUNTY, Objector and Respondent.

Docket No. 28960. Court of Appeals of California, Fourth District, Division One.

June 19, 1984. [341] COUNSEL

Robert R. Bottomley, Gregory D. Roper and Luce, Forward, Hamilton & Scripps for Petitioner and Appellant.

Lloyd M. Harmon, Jr., County Counsel, Howard P. Brody, Chief Deputy County Counsel, and Nathan C. Northup, Deputy County Counsel, for Objector and Respondent.

No appearance for Claimants and Respondents.

OPINION

BUTLER, J.

California First Bank as trustee of a testamentary trust appeals an order continuing the court's jurisdiction over the trust and requiring the bank to submit an accounting every three years. We conclude the bank as trustee is not subject to continuing court jurisdiction under the 1983 amendment to Probate Code[1] section 1120 as the trust does not so provide, and reverse.

I

Ray C. Goddard died testate February 26, 1951. His will was admitted to probate and assets were distributed to a testamentary trust with the bank's predecessor as trustee for the benefit of his wife and surviving children. The bank filed nine triannual accountings showing amounts paid to itself as trustee fees. In each instance, the amounts paid were within court guidelines and the compensation was always approved by the court.

II

(1) Section 1120 was amended by adding subdivision (a) effective January 1, 1983: "A trust created by a will is not subject to the continuing [342]