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In re Estate Of King

The court, in a case of first impression concerning the responsibilities of fiduciaries who serve both as trustees and as personal representatives, upheld the trial court's award of fees, but remanded for further fact-finding as to some issues.

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Appeals from the Superior Court of the District of Columbia (Hon. Cheryl M. Long, Trial Judge)

Argued December 8, 1999

This appeal presents an issue of first impression concerning the responsibilities of fiduciaries who have dual roles, as trustees and personal representatives, relating to the same assets. *fn1 We affirm the trial court’s award of unpaid trustee fees to appellees, Riggs National Bank and Sanford Goldstein, and its decision awarding compensation to Riggs in its capacity as co-personal representative. We remand the case for further fact finding regarding compensation for appellee Goldstein as personal representative, on the question of the legatees’ request that their legal fees be imposed as a sanction for bad faith litigation or as a surcharge against appellees on whether compensation to the law firms which represented the trustees/co- personal representatives should be paid from estate funds, the trial court should then make any appropriate adjustments or redeterminations of the awards of compensation and attorney’s fees.

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