listing the “result obtained by the litigation and prevailing party concepts” as factors the court should consider when determining whether justice and equity require a party to pay the fees and costs incurred in a judicial proceeding involving the administration of a trust
How later courts described this case
- listing the “result obtained by the litigation and prevailing party concepts” as factors the court should consider when determining whether justice and equity require a party to pay the fees and costs incurred in a judicial proceeding involving the administration of a trust
- where trust agreement gave the trustee broad discretion to invest "without being limited in the selection of investments by any statutes [or] rules of law," the trustee was not required to diversify trust holdings
- “60 O.S. Supp. 2000, 175.57(D), is a specific statute authorizing recovery of litigation-related expenditures, at the discretion of the trial court, in a ‘judicial proceeding involving a trust.’”
- Oklahoma UTC provision identical to Wyoming's § 1004 governs litiga tion expenses, not more general provision that allows trustee to hire attorneys to assist with trust administration
Written by the judges who cited it.
The opinion
TAYLOR, J.,
dissenting
11 I must dissent. I believe the provisions of 60 O.S. Supp.2000 175.57(D) were enacted to give courts discretion in trust proceedings such as this. Here, the record reflects careful scrutiny by the trial judge in awarding attorney's fees and costs. The record also shows the court considered the factual elements required by Burk v. City of Oklahoma City, 1979 OK 115 , 598 P.2d 659 . There was no abuse of discretion by the trial judge. To the contrary, the court below should be commended for the professionalism demonstrated in presiding over this complex and difficult case.
12 Although it is likely the former trustee's attorney made the strategic decisions concerning the defense of this litigation, the majority opinion will leave the former trustee exposed to the potential of personal liability for substantial attorney's fees incurred while successfully defending his actions as trustee. I believe that, under these circumstances, such exposure is not just or equitable.
13 I would affirm the trial court in all respects.