Kidwell v. Ketler

146 Cal. 12 ·

Supreme Court of California · Filed January 20, 1905

Published · citable Cited by 1

Holding

The court held that where a trust instrument's language suggests a testator's intent for a per stirpes distribution of the remainder estate among the descendants of multiple beneficiaries, that intent controls over the default rule of per capita distribution, and that a long-standing, judicially-sanctioned practical construction of ambiguous trust provisions by trustees and beneficiaries is entitled to significant deference.

Cited by (1)

MARY NICKEL LOMBARDI, Plaintiff, Cross-defendant and Appellant, v. MARSDEN S. BLOIS, as Trustee, etc., et al., Defendants, Cross-complainants and Respondents; MARSDEN S. BLOIS, as Trustee, etc., et al., Plaintiffs and Respondents, v. MARY NICKEL LOMBARDI et al., Defendants and Appellants (1964) 230 Cal. App. 2d 191