Marks v. Marks

*549OPINION OF THE COTJKT BY

KOBAYASHI, J.

I. Facts

Three of the four beneficiaries of a trust created by the will of Lincoln Loy McCandless (hereafter “settlor” or “testator”) sued to recover allegedly excessive commissions taken by the three trustees. Plaintiffs contend commissions were limited by the will. Trustees contend the commissions taken were authorized by statute.

The will was duly admitted to probate by the First Circuit Court in P. No. 11582. It created a trust, naming as trustees A. Lester Marks, Elizabeth Loy Marks, James Sutton McCandless (who refused to serve as trustee) and…