Andrist v. First Trust Co.

Hilton, Justice.

The First Trust Company of Saint Paul, trustee under the last will and testament of Henry G. Carleton, deceásed, appeals from an order denying its motion for amended findings of fact and conclusions of law, or, in the alternative, for a new trial. The sole question presented by the appeal is whether the trustee is entitled to have allowed and charged to the trust estate attorneys’ fees and expenses incurred by the trustee in the defense of an action brought by beneficiaries against it to surcharge its account on the ground that it acted contrary to the terms of the will…