Legal Opinion

Kinsell v. Bank of America

California Court of Appeal

Decided September 24, 1959No. Civ. No. 18319PublishedCited by 19 opinions

1Opinion of the CourtTobriner, J.

The basic problem for decision is whether certain assignments of interests in a testamentary trust were effective, thus decreasing or defeating the interests of .the appellants. The trial court held such assignments effective. We disagree; the assignors merely possessed contingent remainders ; on the nonoceurrenee of the condition the assignee possessed nothing.

The following genealogical chart* will be helpful in understanding the problem involved.

Eleanor Haney died January 19, 1913. Her will was admitted to probate February 11, 1913. Paragraph 10 provided :

“All the rest, residue and…

2Cases cited19 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In Re Estate of BlakeCalifornia Supreme Court · 1910
  3. Loring v. Town of KingsleyCalifornia Supreme Court · 1946
  4. Estate of GoldbergCalifornia Supreme Court · 1938
  5. Estate of StanfordCalifornia Supreme Court · 1957

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

3Cited by19 opinions

  1. Callnon v. WinrottCalifornia Supreme Court · 1969
  2. Estate of HaneyCalifornia Court of Appeal · 1959
  3. Estate of MinerCalifornia Court of Appeal · 1963
  4. Borgonovo v. HendersonCalifornia Court of Appeal · 1960
  5. Estate of J. S. Ferry v. LucasCalifornia Supreme Court · 1961

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

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