Allocating Income and Fees for Settlement

In allocating a settlement for improper distributions from a trust between income and principal, the court determined the amount of income that would have been earned by the trust by looking at the income earned by a similar trust created by the same grantor. The court also allowed legal fees to one of the beneficiaries for creating the settlement fund under the “common fund” doctrine. Scaife Trust, 11 Fid.Rep.3d 143 (Allegheny O.C. 2021).

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