Legal Opinion
Rosenauer v. Title Insurance & Trust Co.
California Court of Appeal
Decided January 30, 1973No. Civ. 40285PublishedCited by 11 opinions
1Opinion of the Court
Opinion
COMPTON, J.
Plaintiff Robert Rosenauer, as executor of the estate of Elizabeth Rosenauer, deceased, and as a beneficiary under deceased’s will, seeks to determine conflicting claims to the proceeds of a revocable inter vivos trust established by deceased. Defendant Title Insurance and Trust Company (TI) is trustee. The trial court sustained a demurrer without leave to amend to the first amended complaint. A judgment of dismissal followed. Plaintiff appeals.
The trust agreement provides in Article V as follows:
“The Trustor shall have the right at any time during her lifetime to amend any…
2Cases cited10 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Dickerson's AppealSupreme Court of Pennsylvania · 1887
- Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
- Shapley TrustSupreme Court of Pennsylvania · 1945
- Leahy v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1950
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gardenhire v. Superior CourtCalifornia Court of Appeal · 2005
- Estate of Lindstrom v. HopkinsCalifornia Court of Appeal · 1987
- HUSCHER v. Wells Fargo BankCalifornia Court of Appeal · 2004
- Hibernia Bank v. Wells Fargo BankCalifornia Court of Appeal · 1977
- Estate of WoodCalifornia Court of Appeal · 1973
6 more not listed; retrieve them via the Exa API.