Gilmaker v. Bank of America National Trust & Savings Ass'n

The problems presented on these appeals relate to the controversy which was before the Supreme Court in Estate of Gilmaker, 57 Cal.2d 627 [21 Cal.Rptr. 585, 371 P.2d 321], In the opinion therein it was stated in part (57 Cal.2d, at page 633) : “The removal and substitution of a trustee is largely within the discretion of the trial court. [Citations.] It is undisputed, however, that the trustee failed to disperse the surplus cash of $49,000 and failed to provide a segregated semi-annual accounting. The trustee’s only defense, which is insufficient, was that it is not legally obligated to do…