Legal Opinion
Burkett v. Capovilla
California Court of Appeal
Decided October 30, 2003No. B162824PublishedCited by 8 opinions
1Opinion of the Court
Opinion
YEGAN, J.
Peter Capovilla (son) successfully appeals from the trial court’s Order on Petition of Trustee for Instructions. The order instructs Deborah Burkett (trustee), the successor trustee of the Erma Mary Olivera Living Trust, to distribute the trust’s primary asset to the issue of Olivera’s (settlor) deceased daughter, Eleanor Rollings (daughter). Son contends the gift to daughter lapsed because she predeceased settlor. The trust instrument requires that beneficiaries survive for 60 days before they are entitled to receive any gift under the trust.
The trial court ruled that the…
2Cases cited11 opinions
- Hembree v. QuinnCalifornia Supreme Court · 1968
- McConnell v. DoolittleCalifornia Supreme Court · 1920
- Randall v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1941
- Newman v. Wells Fargo BankCalifornia Supreme Court · 1996
- Gallian v. RiemerCalifornia Court of Appeal · 1945
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3Cited by8 opinions
- Estate of LenschCalifornia Court of Appeal · 2009
- Ralph H. Davis Evelyn Davis, Personal Representative v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2005
- CITIZENS BUSINESS BANK v. CarranoCalifornia Court of Appeal · 2010
- Siegel v. FifeCalifornia Court of Appeal · 2015
- Davis v. CirCourt of Appeals for the Ninth Circuit · 2005
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