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Boatman's Trust Co. of Arkansas v. Buchbinder

Trial court did not abuse discretion under state law or pursuant to Restatement (Second) of Trusts by permitting bank trustee of decedent's estate to recover attorney's fees only from estate's personal representative, not estate itself.

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The full case caption appears at the end of this opinion.

As trustee of the estate of N.B. Dalton, also known as Barbara D. Blaisdell, appellant Bank of America, N.A. seeks to reverse the Pulaski County Chancery Court’s order finding that its award of attorney’s fees in the amount of $206,952.05 can only be recovered from appellee Lyle B. Thompson, the estate’s personal representative from 1996 until his removal on August 13, 1998. Lyle Thompson is Blaisdell’s son and a beneficiary of her estate. On appeal, Bank of America argues that itshould be permitted to recover fees from the estate pursuant to Ark. Code Ann. sections 28-70-113 and 16-22-308 and under equitable principles. In response, appellees, Harris J. Buchbinder, who succeeded Thompson as the estate’s personal representative, Barbara Laney and David Thompson, Blaisdell’s grandchildren and beneficiaries of the estate, contend that the trial court properly found that Lyle Thompson should be solely responsible for payment of the fees.

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