Legal Opinion
Allen v. First Presbyterian Church of Ironwood
California Court of Appeal
Decided February 3, 1993No. D015303PublishedCited by 4 opinions
1Opinion of the Court
Opinion
KREMER, P. J.
The issue in this case is whether a spouse unintentionally omitted from a will is entitled to a share of several Totten trust accounts which the decedent created before her marriage. We conclude the beneficiary of the Totten trusts is entitled to the proceeds of the Totten trusts. We therefore affirm the judgment.
Facts
The facts of this case are undisputed. In 1987, Hazel Morris, a single woman without children, executed a will leaving her property to the First Presbyterian Church of Ironwood, Michigan (hereafter Church) and her executor, and opened three Totten trust…
2Cases cited17 opinions
- Johnson v. La Grange State BankIllinois Supreme Court · 1978
- Fontana Unified School District v. BurmanCalifornia Supreme Court · 1988
- Montgomery v. MichaelsIllinois Supreme Court · 1973
- Estate of HobartCalifornia Court of Appeal · 1947
- Estate of WelferCalifornia Court of Appeal · 1952
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3Cited by4 opinions
- Dalia v. LawrenceSupreme Court of Connecticut · 1993
- Higgins v. HigginsCalifornia Court of Appeal · 2017
- Allen St. Julien v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 2017
- Reich v. ReichCalifornia Court of Appeal · 2024