California, United States of America
The following excerpt is from Estate of Gump, 128 Cal.App.3d 111, 180 Cal.Rptr. 219 (Cal. App. 1982):
Unlike the foreseeable detriment sustained by the injured party in insurance cases as a result of the breach of an implied contractual duty sounding in tort, respondents' claim for attorney fees is no more foreseeable than that of an ordinary litigant seeking relief against a general tortfeasor. (See Olson v. Arnett (1980) 113 Cal.App.3d 59, 68, 169 Cal.Rptr. 629; Twentieth Century-Fox Film Corp. v. Harbor Ins. Co. (1978) 85 Cal.App.3d 105, 149 Cal.Rptr. 313.) No sound reason is discovered to extend arbitrarily that principle of recovery to a probate dispute grounded upon a trustee's negligent mismanagement of trust assets.
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