Legal Opinion

Wetherill v. Basham

Court of Appeals of Arizona

Decided January 25, 2000No. 2 CA-CV 98-0230PublishedCited by 17 opinions

1Opinion of the Court

OPINION

PELANDER, Presiding Judge.

¶ 1 In this case involving disposition of assets in a family trust, plaintiff/appellant Gwendolyn Renee Wetherill appeals from the trial court’s order granting summary judgment in favor of defendants/appellees. In affirming that order, we hold that a co-set-tlor’s amendment to the trust, though ineffective as such, nonetheless served as an effective, though inadvertent, exercise of a power of appointment under the trust so as to change the sole remainder beneficiary. We also hold that the attorney who represented the co-settlor in preparing the amendment owed…

2Cases cited24 opinions

  1. Heyer v. FlaigCalifornia Supreme Court · 1969
  2. Fox v. PollackCalifornia Court of Appeal · 1986
  3. Norton v. HinesCalifornia Court of Appeal · 1975
  4. Fickett v. Superior Court of Pima CountyCourt of Appeals of Arizona · 1976
  5. Skarbrevik v. Cohen, England & WhitfieldCalifornia Court of Appeal · 1991

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

3Cited by17 opinions

  1. Thompson v. PaulCourt of Appeals for the Ninth Circuit · 2008
  2. Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corp.Court of Appeals of Arizona · 2004
  3. Wertheim v. Pima CountyCourt of Appeals of Arizona · 2005
  4. Capitol Indemnity Corp. v. FlemingCourt of Appeals of Arizona · 2002
  5. Thompson v. PaulDistrict Court, D. Arizona · 2009

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

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