Moxley v. Title Insurance & Trust Co.
27 Cal. 2d 457 ·
Supreme Court of California · Filed
Published · citable
Cited by 3
Holding
The court held that a testamentary trust containing an active duty to accumulate income for a fixed term and vesting absolute discretion in trustees cannot be terminated prematurely by judicial decree, even with consent of all beneficiaries, when such termination would contravene the express intent of the testator.
Statutes construed
- CIV § 2253
- CIV § 2288
Cited by (3)
- Schwan v. Permann (2018) 239 Cal. Rptr. 3d 427
- MARK W. IKE, Plaintiff and Appellant, v. G. ARNOLD DOOLITTLE, Defendant and Respondent; SAM ARNOLD et al., Defendants and Appellants (1998) 61 Cal. App. 4th 51
- VARIAN E. SPENCER et al., Appellants, v. CROCKER FIRST NATIONAL BANK OF SAN FRANCISCO (a National Banking Association), as Executor, etc., Respondent (1948) 86 Cal. App. 2d 397