WELLS FARGO BANK, as Trustee, etc., Petitioner and Respondent, v. DONNA MARSHALL, Claimant and Appellant; ALISA MARSHALL, Claimant and Respondent
20 Cal. App. 4th 447 · D017351
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the phrase “if such wife was living at the time of the Trustor’s death” in a testamentary trust was intended to identify a class of beneficiaries—any woman married to the trustor’s son at his death who was also alive when the trustor died—rather than a specific individual known to the trustor, and that the trustor’s surviving daughter-in-law from a subsequent marriage therefore qualified for a life income interest.
Statutes construed
- PROB § 17200
- PROB § 21205
Cited by (7)
- Estate of EDWIN D. DAVIES, Deceased. PATRICIA W. DAVIES, Petitioner and Respondent, v. TIMOTHY CAMERON et al., Objectors and Appellants (2005) 127 Cal. App. 4th 1164
- SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant (2005) 129 Cal. App. 4th 672
- CAROL L. McINDOE, as Cotrustee, etc., et al., Plaintiffs and Appellants, v. SHARON OLIVOS, Defendant and Respondent (2005) 132 Cal. App. 4th 483
- KAREN THOMAS, as Guardian, etc., Plaintiff and Appellant, v. ROBERT A. GUSTAFSON, as Trustee, etc., Defendant and Respondent (2006) 141 Cal. App. 4th 34
- LORRIN BROWN, Plaintiff and Appellant, v. FRUMEH LABOW et al., Defendants and Respondents (2007) 157 Cal. App. 4th 795
- 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
- In Re Estate of Powell (2000) 100 Cal. Rptr. 2d 501