HELEN L. O'FARRELL, as Administratrix, et al., Plaintiffs and Appellants, v. AMERICAN TRUST COMPANY (a Corporation), Defendant and Appellant; ROBERT WALKER CRAIG et al., Respondents; MAUD AGNEW et al., Cross-Defendants and Appellants
149 Cal. App. 2d 691 · 17120
California Court of Appeal · Filed
Holding
The court held that the phrase "according to the probate law of the State of California" in an inter vivos trust agreement required distribution of the trust remainder to the trustor's testamentary beneficiaries rather than his intestate heirs, and that the remainder interest did not vest in the life tenant upon the trustor's death but remained contingent until the life tenant's death.
Statutes construed
- CCP § 1860
- CIV § 1638
- CIV § 1644
- CIV § 866
- PROB § 105
Cited by (2)
- Estate of VERNE K. DOUGLAS, Deceased. VEO M. DOUGLAS, Claimant and Appellant, v. VICKIE KAY DOUGLAS, a Minor, etc., Claimant and Respondent (1961) 197 Cal. App. 2d 258
- Estate of MAUD M. LYON, Deceased. HARRY FITZGERALD et al., Petitioners and Appellants, v. ALLAN G. LYON et al., Claimants and Respondents (1962) 201 Cal. App. 2d 638