Estate of JOHN C. FERRALL, Deceased. ALEXANDER C. HAMILTON, as Executor, etc., Respondent, v. BANK OF AMERICA, as Cotrustee, etc., et al., Appellants
41 Cal. 2d 166 ·
Supreme Court of California · Filed
Published · citable
Cited by 6
Holding
The court held that a trustee’s discretionary power to invade a testamentary trust’s corpus is not absolute and is subject to judicial review for abuse of discretion, and that the settlor’s intent, as expressed in the trust instrument, controls the factors a trustee may consider when exercising that discretion.
Statutes construed
- CCP § 1981
Cited by (6)
- VENTURA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Plaintiff and Respondent v. JEFFREY C. BROWN, as Trustee, etc., Defendant and Appellant; STEPHANIE SOLACE, Plaintiff and Respondent, v. KENNETH NOEL MARINOS, Defendant (2004) 117 Cal. App. 4th 144
- RICHARD YOUNG, Plaintiff and Appellant, v. KATHY JAYNE McCOY, as Trustee, etc., et al., Defendants and Respondents (2007) 147 Cal. App. 4th 1078
- Estate of WILLIAM NICHOLAS, Deceased. DONALD F. LINSTEADT, as Successor Trustee, etc., Petitioner and Respondent, v. NICOLI G. NICHOLAS, Objector and Appellant; MARIA NICHOLAS KELLY et al., Claimants and Respondents (1986) 177 Cal. App. 3d 1071
- MELINDA A. COBERLY, a Minor., etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SECURITY-FIRST NATIONAL BANK, Real Party in Interest (1965) 231 Cal. App. 2d 685
- NORMAN ELLIOTT, as Special Administrator, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SECURITY-FIRST NATIONAL BANK, as Trustee, et al., Real Parties in Interest (1968) 265 Cal. App. 2d 825
- Estate of MARIE FRIDAY FLANNERY, Deceased. WILLIAM FRIDAY FLANNERY, as Trustee, etc., et al., Petitioners and Appellants, v. SHEILA FLANNERY, a Minor, etc., et al., Objectors and Respondents (1969) 269 Cal. App. 2d 890