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Duties of a Trustee
" (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. " -
" If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them . . ." -
In my case, City National was obviously not impartial. Acting against my interest it was ganging up against me with the co-
Letters from City National's files show how City National's trust officer was negotiating with them regarding the attorneys' fees.
Incidentally, to the extent Foley was, herself, in part financing litigation against me -
Click here to see Feb. 17, 1989 minute order (from will contest) where Marilyn Sussman (aka Smith) attempted to use the Sec. 391 weapon unsuccesfully.
In this case, City National was acting as attorney -
The following is taken from my opening brief in my attempt to appeal the "vexatious litigant" order of the Probate Court.
Click here to see the entire opening brief.
Under CAL.PROB.CODE Sec. 16002, a trustee has a duty of loyalty to the trust beneficiaries. CAL.PROB.CODE Sec. 16002(a) states the following:
"(a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries.".
A trustee is held to a standard of behavior which does not permit the litigation tactic of bludgeoning its beneficiary with a Sec. 391.7 motion. That constitutes a breach of loyalty. See Matter of Estate of Gump (1991) 1 Cal.App.4th 582. A trustee must display complete loyalty to the interest of the beneficiary:
"The most fundamental duty owed by the trustee to the beneficiaries of the trust is the duty of loyalty. This duty is imposed on the trustee not because of any provision in the terms of the trust but because of the relationship that arises from the creation of the trust. A trustee is in a fiduciary relation to the beneficiaries of the trust. There are other fiduciaries, such as guardians, executors or administrators, receivers, agents, attorneys, corporate directors or officers, partners, and joint adventurers. In some relations the fiduciary element is more intense than in others; it is peculiarly intense in the case of a trust. It is the duty of a trustee to administer the trust solely in the interest of the beneficiaries." (IIA SCOTT, The Law of Trusts, 4th ed. Sec.170).
City National's motion to declare appellant a "vexatious litigant" was not in appellant's interest.
City National breached its duty of loyalty by bringing it. City National further breached its fiduciary obligations by charging the expenses of the motion to the trust. And, compounding its egregious misconduct was City National's Sec. 128.5 motion, by which appellant is, himself, forced to pay 100% of the expenses for bringing the motion against himself.
City National -
The rights and obligations of a trustee are defined according to only one thing: his mission as trustee. See LEPAULLE, An Outsider's View Point of the Nature of Trusts, 14 Cornell Law Quarterly (1928-
|The Story in a Nutshell|
|About the FB Trust|
|How It Began|
|How It Began Docs|
|What is a Trust?|
|Spendthrift Trusts Docs|
|Dead Hand Doctrine|
|Duties of a Trustee|
|Vexatious Litigant Statute|
|Bankruptcy Court Issues|
|Unpublished Opinions Issue|
|Public Policy Objections|
|The Five Categories|
|Constitutionality of VLS|
|My Petition for Division of Trust|
|Milking the Trust|
|The 391.7 Hearing|
|Probate Court Hearings Transcripts|
|The Clincher - "no reasonable probablity" of success|
|The 128.5 Hearing|
|US Bankruptcy Court|
|Judge Letteau Docs|
|CN Violates the Automatic Stay|
|US District Court I|
|U.S. District Court II|
|US 9th Cir Court I|
|US 9th Cir Court II|
|Diane Watson Letters|
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