Legal Opinion

Appell v. Carr

California Court of Appeal

Decided February 7, 1969No. Civ. No. 33351PublishedCited by 2 opinions

1Opinion of the CourtAiso, J.

Five surviving named beneficiaries of a testamentary trust appeal from an order made in response to a petition for instructions (Prob. Code, § 1120) and which directed the trustee to pay the one-sixth portion of the trust income which would have been payable to a predeceased sixth-named beneficiary, if he were alive, to his surviving father, Alexander Carr. The petitioning trustee, Irving Shafer, did not appeal.

We have concluded that the order was erroneous and that it should be reversed.

The Background

On April 22, 1940, Jacob Shafer executed a will prepared by his attorney, Edward K. Brody.…

2Cases cited12 opinions

  1. Estate of RussellCalifornia Supreme Court · 1968
  2. Hembree v. QuinnCalifornia Supreme Court · 1968
  3. Estate of CarterCalifornia Supreme Court · 1956
  4. American Cancer Society v. Church Divinity SchoolCalifornia Supreme Court · 1956
  5. Keller v. Bank of America Trust & Savings Ass'nCalifornia Court of Appeal · 1955

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3Cited by2 opinions

  1. Estate of McCormackCalifornia Court of Appeal · 1969
  2. Mayfield v. StewartCalifornia Court of Appeal · 1969

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