Legal Opinion

Title Insurance & Trust Co. v. SS. Peter & Paul Congregation

California Court of Appeal

Decided October 23, 1978No. Civ. No. 52673PublishedCited by 1 opinion

1Opinion of the Court

Opinion

STEPHENS, J.

Appellant, SS. Peter and Paul Congregation, appeals from an order of the trial court determining that it had ceased to exist for purposes of taking a percentage share of the residuary estate of Jay Klinkner.

The facts underlying the appeal are not in dispute.

Jay Klinkner died on February 23, 1961, having previously executed a will in which he created an express trust of the residue of his estate. *945Under the terms of the trust, the testator’s wife, Thelma, was given a life interest in the income of the residue. It was further provided that, “[u]pon the death of my wife,…

2Cases cited40 opinions

  1. Loring v. Town of KingsleyCalifornia Supreme Court · 1946
  2. Lynch v. SpilmanCalifornia Supreme Court · 1967
  3. Wheelock v. First Presbyterian Church of Los AngelesCalifornia Supreme Court · 1897
  4. Presbyterian Theological Seminary v. HarringtonNebraska Supreme Court · 1949
  5. Old Colony Trust Co. v. Third Universalist Society of CambridgeMassachusetts Supreme Judicial Court · 1934

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3Cited by1 opinion

  1. Estate of KlinknerCalifornia Court of Appeal · 1978

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