Cited by

the litigation is conducted in good faith for the primary benefit of the trust as a whole.” In re Atwood’s Tr.

And while we 10 recognize that a trustee may be awarded reasonable attorney fees that she incurred during litigation necessary to resolve ambiguous trust language, the litigation must have been “conducted in good faith for the primary benefit of the trust as a whole.” Atwood v. Holmes (In re Atwood’s Tr.), –40 (Minn. 1949).

In re Atwood’s Tr., see also In re Campbell’s Trs., –68 (Minn. 1977) (emphasizing that “Atwood .

the litigation is conducted in good faith for the primary benefit of the trust as a whole.” In re Atwood’s Tr., see also Minn. Stat. § 501C.0106 (2022) (providing that common law su pplements the Minnesota Trust Code except to the extent modified by the code or another Minnesota law).

227 Minn. 495, 500-01, -40 (1949).

A. Attorney Fees An award of attorney fees in a trust dispute is not a matter of right and depends in part on the “reasonableness of the party’s arguments.” Van Dusen, d at 526- 27 (citing In re Atwood’s Trust, 227 Minn. 495, 501, ).

In re Atwood’s Trust, 227 Minn. 495, 501

In re Atwood’s Trust, 227 Minn. 495, 501 , (applying Atwood to request for award of attorney fees).

See, e.g., In re Atwood’s Trust, 227 Minn. 495, 502 , (allowing reasonable attorney fees, paid out of trust corpus, to parties for proceeding brought to construct ambiguous trust provisions); Williams, d at 748 (noting that trustee entitled to reasonable attorney fees, chargeable to trust, for defending its administration of trust, defending proceedi

(quoting Atwood v. Holmes (In re Trust of Atwood), 227 Minn. 495, 501 , ).

(quoting In re Atwood Trust, 227 Minn. 495, 501 , ).

II Attorney fees Respondent argues that under In re Atwood’s Trust, 227 Minn. 495, 501 , he is entitled to costs and attorney fees because the litigation “is essential to a proper administration of the trust, and * * * is conducted in good faith for the primary benefit of the Trust as a whole.” Id.

The circumstances in which a party may be allowed attorney fees and expenses from a trust are best described by reference to In re Living Trust Created by Atwood, 227 Minn. 495, 501 , : In the sound and cautiously exercised discretion of the court, and not as a matter of right, attorneys’ fees and other expenses reasonably and necessarily incurred by all necessary parties to litigation may be allowed and properly charged to the trust estate where such litigation, with respect to substant

Both petitioners and respondents cite In re Living Trust Created by Atwood, 227 Minn. 495 , as controlling on this issue.

See, e. g., In re Trust Created Under Will of Freeman, 247 Minn. 50 , 75 N. W. *431 2d 906 (1956); In re Trust Under Will of Comstock, 219 Minn. 325 , In re Living Trust Created by Atwood, 227 Minn. 495

Workers Welfare Fund v. Cartier, 288 Minn. 483 , In re Living Trust Created by Atwood, 227 Minn. 495

(16) Relative to attorneys fees, the trial court considered the guidelines set forth in the case of In re Living Trust Created by Atwood, 227 Minn. 495, 502 , : "* * * In determining the reasonableness of attorneys' fees, the character, ability, and experience of the attorneys, the amount involved, the time necessary to prepare for trial, the responsibility assumed in connection therewith by counsel, the difficulties of the propositions *42 involved, the results

(16) Relative to attorneys fees, the trial court considered the guidelines set forth in the case of In re Living Trust Created by Atwood, 227 Minn. 495, 502 , : “* * * In determining the reasonableness of attorneys’ fees, the character, ability, and experience of the attorneys, the amount involved, the time necessary to prepare for trial, the responsibility assumed in connection therewith by counsel, the difficulties of the propositions involved, the results obta

O’Donnell v. McGee Trucks, Inc. 294 Minn. 110 , State, by Head, v. Paulson, 290 Minn. 371 , In re Living Trust Created by Atwood, 227 Minn. 495

In re Living Trust created by Atwood, 227 Minn. 495 , Hempel v. Hempel, 225 Minn. 287

In one of these cases, In re Living Trust Created by Atwood, 227 Minn. 495, 500 , this court said: “* * * Obviously, a benefit to the entire trust, aside from benefits conferred by acts which protect or increase the trust corpus, may, in exceptional cases, also be conferred by litigation which is unquestionably essential to a judicial determination of the meaning of ambiguous language

In re Trust Created by Will of Enger, 225 Minn. 229 , , 1 A.L.R.2d 1048 ; Hartzell v. Schuster, 257 Minn. 592 , ; 3 Scott, Trusts (2 ed.) § 259; 54 Am.Jur., Trusts, § 282; In re Trust Under Will of Schultz, 215 Minn. 313 , ; In re Living Trust Created by Atwood, 227 Minn. 495 , , 9 A.L.R.2d 1126 .