Estate of Gilliland

5 Cal.3d 56 (1971) 485 P.2d 543 95 Cal. Rptr. 343 Estate of ELSINORE MACHRIS GILLILAND, Deceased.

WILLIAM L. MURPHEY, as Trustee, etc., et al., Petitioners and Respondents,

v.

SALVATION ARMY et al., Objectors and Appellants.

Docket No. L.A. 29864. Supreme Court of California. In Bank.

June 9, 1971. [57] COUNSEL

Meserve, Mumper & Hughes, Cromwell Warner, Jr., and John Deacon for Objectors and Appellants.

William L. Murphey, in pro. per., Larwell & Wolfe, Charles W. Wolfe and Charles A. Murphy for Petitioners and Respondents.

OPINION

SULLIVAN, J.

This is an appeal from a judgment settling and approving the first account current and report of the trustees of a testamentary trust, and allowing fees to the trustees in the sum of $125,000 and to the attorneys for the trustees in the sum of $25,000. The only portion of the judgment [58] attacked on appeal is the above award of trustees' fees. Although making no claim that the sum of $125,000 is unreasonable compensation for the services rendered, appellants contend that the award cannot be upheld because not all the services being compensated were rendered to the trust. We have concluded that there is substantial evidence in the record to support the fee on the basis of services rendered solely for the benefit of the trust. We, therefore, affirm the judgment.

William L. Murphey, Norman J. Essig and Union Bank (trustees) are co-trustees of a testamentary trust established under the will of Elsinore Gilliland. On October 31, 1967, by preliminary decree the probate court distributed property to the trust of an appraised value of $16,500,000. The trustees immediately undertook administration of the trust. On December 12, 1968, the trustees filed their first account current, report and petition for compensation for trustees and fees for their attorneys (first account) for the period October 20, 1967 to October 31, 1968, requesting inter alia $125,000 in trustees' fees. The Salvation Army, Braille Institute of America, Inc. and American Heart Association (appellants), three residual beneficiaries of the trust, filed exceptions to the first account.