Thorpe v. Reed (California Court of Appeal, Sixth District, Case No. H037330, December 13, 2012)
Holding that where the trust stated:
“Trustee shall be entitled to receive reasonable compensation for services in the administration of this Trust. A Special Trustee and any successor Trustee shall not be entitled to receive reasonable compensation for services in the administration of this Trust,”
the Court-appointed successor trustee was not entitled to compensation. The terms of the trust prevail. The successor trustee had a choice to accept the appointment as trustee or not. He elected to accept appointment, at no compensation pursuant to the terms of the trust.
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