Estate of Cornett v. West

Citations

• 102 Wash. 254
• 173 P. 44
• 1918 Wash. LEXIS 1244

Syllabus

<p>Wills—Nonintervention Wills—Trustees — Powers. Under a nonintervention will imposing a trust in the executors beyond the proving of the will, they act as trustees, and it is an error in terms to call them executors, but without prejudice, where the decree gave them the attributes and powers of trustees.</p> <p>Trusts—Compensation oe Trustees—Fees as Executors. Trustees under a nonintervention will are not entitled to the statutory fees as executors until the termination of the trust.</p> <p>Same—Compensation—Necessary Services. A trustee under a nonintervention will may be allowed fees for necessary services of a continuing nature not performed by the other trustee, and properly chargeable as current expenses; he being entitled to reasonable compensation, under Laws 1917, p. 687, § 158.</p> <p>Same—Compensation—Allowance. The court should not fix and make a division of fees between co-trustees, which it has decided can be allowed only at the termination of the trust, but should leave the matter to the decree of the court making final settlement.</p> <p>Same—Compensation—Statutes. Laws 1917, p. 666, § 92, making provision for a final accounting by trustees under a nonintervention will, governs every case in which, the trust was not fully executed prior to the time the act took effect, notwithstanding Rem. Code, § 1444, provided for no such accounting.</p> <p>Same—Removal oe Trustee. A trustee should not be removed for want of harmony between co-trustees, when there was nothing to prevent future harmonious cooperation, and he had committed only error and not a breach of trust.</p> <p>Costs—In Probate—Discretion. Where a contest over the management of an estate was mainly a personal one between co-trustees, it is proper to deny costs to either party.</p>