MELINDA PENNY et al., Plaintiffs and Appellants, v. KRISTIN ELAINE WILSON, as Trustee, etc., Defendant and Respondent
123 Cal. App. 4th 596 · B161317
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that the trial court erred in finding the 1998 creation of a personal residence trust and transfer of real property into it to be valid, concluding that the decedent, acting as trustee, breached his fiduciary duties by failing to administer the original trust impartially and by making an allocation of assets that subverted the trust’s purpose of equal distribution among the children.
Statutes construed
- CIV § 2269
- EVID § 1400
- EVID § 1401
- EVID § 1521
- PROB § 16000
Cited by (3)
- Melodie Z. SCOTT, as Trustee, etc., Plaintiff and Appellant, v. A'Yana MCDONALD, Defendant and Respondent. (2018) 237 Cal. Rptr. 3d 137
- Trolan v. Trolan (2019) 243 Cal. Rptr. 3d 264
- DOUGLAS K. AMMERMAN et al., as Trustees, etc., Plaintiffs and Respondents, v. CATHLEEN CALLENDER et al., Defendants and Appellants; DONALD LUCKY CALLENDER, a Minor, etc., Defendant and Respondent (2016) 245 Cal. App. 4th 1058
Authorities cited (4)
- Estate of LEON J. LIBEU, Deceased. HELEN L. LIBEU, as Executrix, Etc., Petitioner and Appellant, v. JACK LIBEU, Objector and Appellant 253 Cal.Rptr. 456
- Estate of LEON J. LIBEU, Deceased. HELEN L. LIBEU, as Executrix, Etc., Petitioner and Appellant, v. JACK LIBEU, Objector and Appellant 205 Cal.App.3d 1436
- MELINDA A. COBERLY, a Minor., etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SECURITY-FIRST NATIONAL BANK, Real Party in Interest 231 Cal.App.2d 685
- Neel v. Barnard 24 Cal.2d 406