MARK W. IKE, Plaintiff and Appellant, v. G. ARNOLD DOOLITTLE, Defendant and Respondent; SAM ARNOLD et al., Defendants and Appellants
61 Cal. App. 4th 51 · D026752
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the trial court correctly identified patent ambiguities within a complex inter vivos trust and a contemporaneous property agreement, properly admitted extrinsic evidence to ascertain the trustors' intent, and did not err in reforming the instrument to effectuate that intent and ensure the separate distribution of each trustor's estate to their designated beneficiaries.
Statutes construed
- CIV § 3399
- PROB § 17200
Cited by (9)
- Estate of BERNICE E. STODDART, Deceased. HELEN WILSON, Petitioner and Appellant, v. THOMAS J. HALL, as Executor, etc., et al., Objectors and Respondents; HELEN WILSON, Plaintiff and Appellant, v. THOMAS J. HALL, as Trustee, etc. Defendant and Respondent (2004) 115 Cal. App. 4th 1118
- LORRIN BROWN, Plaintiff and Appellant, v. FRUMEH LABOW et al., Defendants and Respondents (2007) 157 Cal. App. 4th 795
- MITCHELL J. BILAFER, Plaintiff and Appellant, v. MARTIN J. BILAFER, Individually and as Trustee, etc., et al., Defendants and Respondents; MITCHELL J. BILAFER, Plaintiff and Appellant, v. JUDITH A. DOYLE et al., Defendants and Respondents (2008) 161 Cal. App. 4th 363
- MEGAN KUCKER et al., as Trustees, etc., Plaintiffs and Appellants, v. MEGAN KUCKER, Respondent (2011) 192 Cal. App. 4th 90
- Schwan v. Permann (2018) 239 Cal. Rptr. 3d 427
- Trolan v. Trolan (2019) 243 Cal. Rptr. 3d 264
- Estate of MARGOR DAYAN, Deceased. ERMOND JOSEPH NATHANSON, Plaintiff and Appellant, v. ANTHONY M. NATHANSON, Defendant and Respondent (2016) 5 Cal. App. 5th 29
- In Re Estate of Powell (2000) 100 Cal. Rptr. 2d 501
- Estate of MARY S. SIGOURNEY, Deceased. JAMES D. DEVINE, as Trustee, etc., Petitioner and Respondent, v. AMERICAN PSYCHOANALYTIC ASSOCIATION et al., Objectors and Appellants (2001) 93 Cal. App. 4th 593
Authorities cited (6)
- Getty v. Getty 187 Cal.App.3d 1159
- Moxley v. Title Insurance & Trust Co. 27 Cal.2d 457
- ORVAL WILLIAM STEWART, as Trustee, etc., Petitioner and Appellant, v. THOMAS TOWSE, Objector and Respondent 203 Cal.App.3d 425
- Adams v. Cook 15 Cal.2d 352
- JOSEPH SCHARLIN, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JACQUELINE BROWN, Real Party in Interest 9 Cal.App.4th 162
- 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