First National Bank of Mishawaka v. Kamm

This is an appeal from a judgment of the St. Joseph Superior Court awarding the sum of $15,745.42 to the Petitioners-Appellees for attorney’s fee in regard to services rendered a former trustee of a family trust which is commonly referred to as the Kamm Trust.

At the outset it should be noted that Appellant is not contending that the services were not rendered nor is it contending that the monetary fee is not fair and reasonable. What Appellant is contesting is whether the attorney’s fee should be paid out of the trust assets.

The Kamm Trust was an undocketed family trust established in 1929 by…