Legal Opinion

Marshall v. First National Bank Alaska

Alaska Supreme Court

Decided September 3, 2004No. S-10989PublishedCited by 13 opinions

1Opinion of the Court

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here a trust beneficiary’s claim that the superior court should have ordered the former trustee to repay fees it charged the trust for unsuccessfully opposing the beneficiary’s request for a change in trustee. Per AS 13.36.055, an “interested person” may dispute the “reasonableness” of a trustee’s compensation and seek recovery of “excessive compensation” paid by the trust. Because the superior court’s apparent reasons for denying the repayment petition were legally erroneous, we remand for determination of whether the compensation was…

2Cases cited19 opinions

  1. DeNardo v. StateAlaska Supreme Court · 1987
  2. Dunn v. DunnAlaska Supreme Court · 1998
  3. Far North Sanitation, Inc. v. Alaska Public Utilities CommissionAlaska Supreme Court · 1992
  4. Enders v. ParkerAlaska Supreme Court · 2003
  5. McElroy v. KennedyAlaska Supreme Court · 2003

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Mitchell v. Teck Cominco Alaska Inc.Alaska Supreme Court · 2008
  2. Snyder v. American Legion Spenard Post No. 28Alaska Supreme Court · 2005
  3. Jarvis v. EnsmingerAlaska Supreme Court · 2006
  4. Schaub v. K & L DISTRIBUTORS, INC.Alaska Supreme Court · 2005
  5. Mat-Su Valley Medical Center, LLC v. Advanced Pain Centers of Alaska, Inc.Alaska Supreme Court · 2009

8 more not listed; retrieve them via the Exa API.

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