MARLYN A. CROOK, as Trustee, etc., et al., Plaintiffs and Respondents, v. LOUIE G. CONTRERAS, as Trustee, etc., Defendant and Appellant; Estate of FLORENCE L. KOUBA, Deceased. MARLYN A. CROOK, Petitioner and Respondent, LOUIE G. CONTRERAS, Objector and Appellant
95 Cal. App. 4th 1194 · H021933
California Court of Appeal, Sixth Appellate District · Filed
Holding
The court held that a power of withdrawal from a trust is not equivalent to a power to revoke or amend the trust, and that testamentary instruments must strictly comply with statutory execution formalities; it further held that an appellant lacks standing to challenge a trial court's determination that an action is not a "contest" of a will when that appellant cannot demonstrate a pecuniary injury from the ruling.
Statutes construed
- CCP § 1935
- CCP § 902
- PROB § 21101
- PROB § 6110
- PROB § 630
- PROB § 631
- PROB § 8220
- PROB § 88
Cited by (5)
- Estate of CLEOPATRA EUGENE, Deceased. MAE ALEXANDER, as Executor, etc., Petitioner and Respondent, v. UNION RESCUE MISSION, Claimant and Appellant (2002) 104 Cal. App. 4th 907
- JUDITH LYNN GARDENHIRE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; JOSEPHINE A. FRANCESCONI et al., Real Parties in Interest (2005) 127 Cal. App. 4th 882
- LYNDA LAYCOCK, as Trustee, etc., Plaintiff and Respondent, v. LEONARD H. HAMMER, JR., et al., Defendants and Appellants (2006) 141 Cal. App. 4th 25
- Estate of HANS BARTSCH, Deceased. ARDNT PELTNER, as Executor, etc., Petitioner and Respondent, v. NORMAN BARTSCH HERTERICH, Objector and Appellant (2011) 193 Cal. App. 4th 885
- Gonzalez v. City National Bank (2019) 248 Cal. Rptr. 3d 770