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· 6/30/2021

Angela Giguere Kumble v. Michael Voccola Michael Voccola v. Angela Giguere Kumble

Syllabus

These cases arose from a dispute between the beneficiaries and trustees of two testamentary trusts. In the Superior Court, the trustees sought attorneys' fees, and interest on those fees, incurred during the administration of the trusts, which the trial justice awarded. On appeal, the beneficiaries contended that the award of attorneys' fees and costs was unreasonable, disproportionate, and an abuse of discretion and that the award of interest was contrary to the law and the facts. The Supreme Court held that the trial justice correctly awarded attorneys' fees pursuant to G.L. 1956 § 18 6 1 and had properly weighed the factors for awarding those fees as set forth in Colonial Plumbing & Heating Supply Co. v. Contemporary Construction Co., 464 A.2d 741 (R.I. 1983). Additionally, the Court held that interest on those attorneys' fees was a reasonable expense incurred by the trust. Therefore, the Court affirmed the judgment of the Superior Court.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “To give that statute such enlarged application would violate established rules for the construction of statutes penal in their nature.”

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