Can a trustee under a trust amendment recover attorney fees incurred in defending against a beneficiary named in the original trust agreement?

The decision and reasoning of Whittlesey were approved and followed in Terry v. Conlan (2005) 131 Cal.App.4th 1445, 33 Cal.Rptr.3d 603 under similar circumstances. There, the trustee under a trust amendment, who was one of the beneficiaries named in the amendment, was not permitted to recover attorney fees incurred in defending against the claim of the beneficiary named in the original trust agreement. The court held that the trustee has not participated in this litigation as a neutral trustee to defend the trust and protect its assets; rather, she has consistently pursued her own interests and those of her siblings [beneficiaries under the trust amendment], to the detriment of [the beneficiary under the original trust instrument]. As such, she must bear her own costs in this litigation, rather than be reimbursed from the trust. (Id. at p. 1464, 33 Cal.Rptr.3d 603.)