SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant
129 Cal. App. 4th 672 · A101681
California Court of Appeal, First Appellate District · Filed
Holding
The court held that the Marin County Superior Court possessed subject matter jurisdiction to hear a petition challenging the validity of a trust and its amendment, that substantial evidence supported the trial court’s factual finding of undue influence and fraud invalidating the trust, but that the trial court erred in awarding attorney fees from the defendant personally rather than from the trust estate.
Statutes construed
- CCP § 1021
- CIV § 1572
- CIV § 1575
- PROB § 17000
- PROB § 17005
- PROB § 17200
- PROB § 6104
- PROB § 7051
Cited by (4)
- Conservatorship of the Person and Estate of LAURA SNOW AUSTON HUME. JOHN S. WILLIAMS, as Public Guardian, etc., Petitioner and Respondent, v. WILLIAM SNOW HUME, Objector and Appellant (2006) 140 Cal. App. 4th 1385
- Estate of PIERRE P. CLAEYSSENS, Deceased. NOELLE CLAEYSSENS BURKEY, as Executor, etc., Petitioner and Appellant, v. STATE OF CALIFORNIA et al., Objectors and Respondents (2008) 161 Cal. App. 4th 465
- Estate of THOMAS C. BOWLES, Deceased; KEVIN CAVALLI, Petitioner and Appellant, v. RICHARD ALAN CAVALLI et al., Objectors and Respondents; KEVIN CAVALLI, Plaintiff and Appellant, v. RICHARD ALAN CAVALLI et al., Defendants and Respondents (2008) 169 Cal. App. 4th 684
- SUSAN D. LINTZ et al., Plaintiffs and Respondents, v. LOIS LYNNE LINTZ, Defendant and Appellant (2014) 222 Cal. App. 4th 1346
Authorities cited (21)
- 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
- In the Matter of the Estate of T. N. BENTON, Deceased; ELIZABETH BENTON, Contestant of Will, Respondent, v. H. A. BENTON et al., Proponents of Will, Appellants 131 Cal. 472
- In the Matter of the Estate of MARY E. NEWHALL, Sometimes Known as M. E. NEWHALL, Deceased 190 Cal. 709
- In Re Estate of Breard 84 Cal.Rptr.2d 276
- Estate of LONNIE R. BEARD, Deceased. MERLE CABLES, as Executor, etc., Petitioner and Respondent, v. LOTTIE ANN BEARD, Objector and Appellant. Estate of LONNIE R. BEARD, Deceased. LONNIE RICHARD BEARD III et al., Petitioners and Respondents, v. LOTTIE ANN BEARD, Objector and Appellant 71 Cal.App.4th 753
- Conservatorship of the Estate of DOLORES DAVIDSON. CAL MORKEN, Petitioner and Appellant, v. STEPHEN GUNGL, Objector and Respondent 6 Cal.Rptr.3d 702
- Conservatorship of the Estate of DOLORES DAVIDSON. CAL MORKEN, Petitioner and Appellant, v. STEPHEN GUNGL, Objector and Respondent 113 Cal.App.4th 1035
- Estate of CARLO FRANCO, Deceased; CATERINA ARMARIO, Contestant and Appellant, v. JOHN LEROY FRANCO, as Executor, Objector and Respondent; CATERINA ARMARIO, Plaintiff and Appellant, v. JOHN FRANCO et al., Defendants and Appellants 50 Cal.App.3d 374
- Estate of VIVIAN LINGENFELTER, Deceased. LENORE DeARMOND, Respondent, v. MADGE TUCKER et al., Appellants 38 Cal.2d 571
- Estate of GUILLERMO SARABIA, Deceased. FREDERICK WINSTON, Contestant and Appellant, v. LEONARD C. GIBBS, Claimant and Respondent 221 Cal.App.3d 599
- Hagen v. Hickenbottom 41 Cal.App.4th 168
- In the Matter of the Estate of HENRY J. SHAY, Deceased; GEORGE W. SHAY et al., Appellants, v. WILLIAM SHAY et al., Respondents 196 Cal. 355
- Rice v. Clark 28 Cal.4th 89
- GORDON LAZZARONE, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent 181 Cal.App.3d 581
- Estate of JOSEPH VINCENT de LAVEAGA, Deceased. JUANITA VALERIE de LAVEAGA SOMAVIA, as Remainderman-Beneficiary, etc., Appellant, v. MARGARET BROYER BETTS, as Executrix, etc., Respondent 50 Cal.2d 480
- LILA J. SAKS et al., Plaintiffs and Appellants, v. DAMON RAIKE AND COMPANY et al., Defendants and Respondents 7 Cal.App.4th 419
- Estate of FRED M. COX, Deceased. J. K. STICKNEY, JR., as Executor, etc., Petitioner and Respondent, v. PATRICIA DUNCAN SNYDER et al., Objectors and Respondents; HOUSTON I. FLOURNOY, as State Controller, Contestant and Appellant; Estate of FRANCES L. COX, Deceased. J. K. STICKNEY, JR., as Executor, etc., Petitioner and Respondent, v. PATRICIA DUNCAN SNYDER et al., Objectors and Respondents; HOUSTON I. FLOURNOY, as State Controller, Contestant and Appellant 8 Cal.App.3d 168
- Jordan v. Clausen 13 Cal.App.2d 16
- Marsh v. Edelstein 9 Cal.App.3d 132
- Dungan v. Superior Court of Fresno Cty. 149 Cal. 98
- Estate of IRA WISE, Deceased. JOHN E. LEWIS, as Administrator, etc., Appellant, v. FRED N. HOWSER, as State Attorney General, etc., Respondent 34 Cal.2d 376