Legal Opinion

Dessar v. Bank of America National Trust & Savings Ass'n

Court of Appeals for the Ninth Circuit

Decided November 22, 1965No. 19430PublishedCited by 22 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

This is a diversity case in which appellant, plaintiff in the trial court, seeks to have it determined that a trust agreement, executed on November 8, 1933, is, as a -matter of law, invalid as a trust. The theory is that the trustee (appellee) was a mere agent during the lifetime of the trustor, and that therefore provisions dealing with disposition of the trust property upon the death of the trustor are invalid because the instrument was not executed in the manner required by the California Probate Code for the execution of a will. (Cal.Probate Code, § 50) The trial…

2Cases cited22 opinions

  1. J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
  2. Jaffke v. DunhamSupreme Court of the United States · 1957
  3. A. M. Pearson v. Denny DennisonCourt of Appeals for the Ninth Circuit · 1965
  4. Tanner Motor Livery, Ltd. v. Avis, Inc.Court of Appeals for the Ninth Circuit · 1963
  5. Rachel Castner v. First National Bank of Anchorage, Arctic Cold Storage, Inc., and Union Bank of AnchorageCourt of Appeals for the First Circuit · 1960

17 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. Lynette Burnette, United States of America v. Theresa Burnette, United States of America v. Michael Curtis BurnetteCourt of Appeals for the Ninth Circuit · 1983
  2. Hoffman v. TonnemacherCourt of Appeals for the Ninth Circuit · 2010
  3. Hydranautics v. FilmTec Corp.District Court, S.D. California · 2003
  4. Travelers Indemnity Co. v. MadonnaCourt of Appeals for the Ninth Circuit · 1990
  5. Scott Hanson v. William ShubertCourt of Appeals for the Ninth Circuit · 2020

17 more not listed; retrieve them via the Exa API.

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