Stachlowski v. 1000 Broadway Building LP

Under ORS 130.640(1), “a trustee is entitled to trustee fees paid ‘out of trust property for [e]expenses that were properly incurred in the administration of the trust.”

Appellant appealed a summary judgment in favor of respondent’s conversion claim. Appellant assigned error to the trial court not having proper jurisdiction, and that the trial court erred when it granted plaintiff’s motion for summary judgment. Respondent argued that appellant “wrongfully exact[ed] ‘trustee fees’ from the 1000 Broadway Building LP,” and that appellant wrongfully had 1000 Broadway Building LP pay legal fees for other entities related to the trust. The Court found that the trial court had jurisdiction as “a limited interlocutory appeal…does not ordinarily deprive the trial court of jurisdiction except with respect to the matters that are the subject of the appeal.” The court further concluded that the motion for summary judgment was granted in error because “there is a triable issue of fact as to whether First Republic wrongfully received money from 1000 Broadway Building LP.” Under ORS 130.640(1), “a trustee is entitled to trustee fees paid ‘out of trust property for [e]expenses that were properly incurred in the administration of the trust.” Reversed and remanded.