In Re Thacker Estate

This appeal arises from an order entered in the Benzie County Probate Court which reduced the fiduciary’s fees and imposed a surcharge on the fiduciary. The fiduciary, Pacesetter Bank & Trust, appeals as of right. The bank also appeals the denial of its motion to disqualify Ben zie County Probate Court Judge Kris A. Van Thielen.

On February 22, 1978, Dr. Fred R. Thacker died, leaving a will which appointed as executor Pacesetter Bank & Trust (at that time called Traverse City State Bank; hereinafter appellant). Thacker’s estate included assets of $900,000 in stock and totalled $1,300,000.…