Estate of VAL PITTMAN, Deceased. JANIS PITTMAN et al., Petitioners and Respondents, v. SUSAN LEE et al., Objectors and Appellants
63 Cal. App. 2d 290 · F026929
California Court of Appeal, Fifth Appellate District · Filed
Published · citable
Cites 4
Holding
The court held that a petition seeking to recharacterize trust assets from one schedule to another constitutes a contest under a broadly drafted no-contest clause, as it is an attempt to "set aside" a provision of the trust instrument, and that a subsequent dismissal of the petition does not immunize the filing from triggering the forfeiture provision.
Statutes construed
- CCP § 473
- PROB § 21300
- PROB § 21303
- PROB § 21304
- PROB § 21320
- PROB § 6104
Authorities cited (4)
- JOHN POAG et al., as Co-trustees, etc., Plaintiffs and Appellants, v. LAURA WINSTON, Defendant and Respondent 195 Cal.App.3d 1161
- Estate of ANGELEN KAZIAN, Deceased. SECURITY PACIFIC NATIONAL BANK, as Executor, etc., et al., Petitioners and Respondents, v. ONIG KAZIAN, Claimant and Appellant 59 Cal.App.3d 797
- LORRAINE JACOBS-ZORNE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN SWONETZ, Real Party in Interest 46 Cal.App.4th 1064
- Estate of KATHERINE G. MILLER, Deceased. BURKE E. BURFORD, as Executor, etc., Petitioner and Respondent; SALLY MILLER FIELD et al., Distributees and Respondents, v. MIRIAM MILLER HARTMAN, Objector and Appellant 212 Cal.App.2d 284