Legal Opinion
Guidotti v. Lockyer
California Court of Appeal
Decided July 25, 2001No. B145085PublishedCited by 7 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
A clause in a husband’s testamentary trust gives his wife the net income for life, but only if she does not remarry or live with a man as though married. Here we conclude that the clause is void as a restraint on marriage. (Civ. Code, § 710.)
Petitioner Darlene Guidotti appeals an order by the probate court denying a petition to reform the will of her deceased husband, Earl Guidotti, to comply with the requirements of the Internal Revenue Code concerning the marital deduction and the charitable deduction. We reverse.
Facts
On March 13, 1999, Earl Guidotti died. His last will…
2Cases cited7 opinions
- Parsons v. Bristol Development Co.California Supreme Court · 1965
- Morey v. VannucciCalifornia Court of Appeal · 1998
- In Re Estate of DuffillCalifornia Supreme Court · 1919
- Estate of EdwardsCalifornia Court of Appeal · 1988
- Estate of HuntingtonCalifornia Court of Appeal · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Radin v. Jewish National FundCalifornia Supreme Court · 2015
- Brown v. LabowCalifornia Court of Appeal · 2007
- HUSCHER v. Wells Fargo BankCalifornia Court of Appeal · 2004
- Burkett v. CapovillaCalifornia Court of Appeal · 2003
- Schwan v. Permann, California Court of Appeal, 5th District2018
2 more not listed; retrieve them via the Exa API.