Kondler v. Bottner

A dispute over who pays attorney’s fees brings this ease to the court. The trustee appeals an order that required him to account for a reserve fund and expenses paid from that fund. He argues that the order disallowed the payment of attorney’s fees and other expenses incurred in the administration of the trust from the reserve before distribution of the remainder to the beneficiaries. We find the order to be a non-final, non-appealable order and dismiss the appeal.

After some litigation, the trustee and beneficiaries entered into a mediated settlement agreement. The agreement provided for the…