Elsie Dennis Maynard, Deceased. Ralph Essay

In addition to the monthly rent, the lessees paid the trust all real property taxes that were assessed on the property. The trustee took a fee from the percentage of rental income received and from a percentage of the real estate tax that was collected, and the beneficiaries objected to the trustee imposing a fee on the tax money received by the trust.

Issue: Did the court err when it denied the trustee's motion for partial summary judgment in regards to an action that challenged in part the trustee's assessment of a fee on portions of trust income that was designated for payment of property taxes?

Law: Even though Haw. Rev. Stat.§ 607-18 (1993) allowed for the fee on the tax money, the beneficiaries argued that there was a reasonable restriction on the fee imposed by reason of Haw. Rev. Stat. § 560:7-205 (1993). Bremer v. Weeks, 104 Hawai'i 43; 51, 85 P.3d 150, 158 (2004); in re the Estate of Bishop, 53 Haw. At 605-06, 499 P.2d at 672; in re Wharton's Trust Estate, 28 Haw. At 509; Matthewson v. Aloha Airlines, Inc., 82 Hawai'i 57, 71, 919 P.2d 969, 983 (1996); Mahiai v. Suwa,….....