Legal Opinion

Lavado v. DeLoreto

California Court of Appeal

Decided May 20, 2004No. B166989PublishedCited by 8 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

The beneficiary of his father’s testamentary trust adopts two adult children. They claim to be members of the class of grandchildren who are trust beneficiaries. Probate Code1 section 21115, subdivision (b) states a rule of construction excluding such adopted adults from the class of the testator’s grandchildren. The trial court, relying on section 21115, grants summary judgment in favor of the trust and its beneficiaries2 and against the *1051adult adoptees. We affirm because section 21115, subdivision (b) applies even though it was enacted after the testator’s death.

FACTS

Emil…

2Cases cited7 opinions

  1. Estate of RussellCalifornia Supreme Court · 1968
  2. Hembree v. QuinnCalifornia Supreme Court · 1968
  3. In Re CoxCalifornia Supreme Court · 1970
  4. In Re the Estate of FairCalifornia Supreme Court · 1901
  5. Szadolci v. Hollywood Park Operating Co.California Court of Appeal · 1993

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3Cited by8 opinions

  1. In Re the Estate of BoveyMontana Supreme Court · 2006
  2. Brown v. LabowCalifornia Court of Appeal · 2007
  3. CITIZENS BUSINESS BANK v. CarranoCalifornia Court of Appeal · 2010
  4. Ellis v. Hurley CA2/5California Court of Appeal · 2020
  5. Ellis v. Hurley CA2/5California Court of Appeal · 2020

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

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