Legal Opinion
Union Bank v. Sec. Pac. Nat'l Bank
California Court of Appeal
Decided February 18, 1977No. Civ. No. 47821PublishedCited by 3 opinions
1Opinion of the Court
Opinion
STEPHENS, Acting P. J.
The origin of this litigation is that William Newmark, the last surviving son of the testator M. A. Newmark, died before his sister Edna Newmark. The central issue of the litigation is whether the language of the decree of distribution (Decree) requires the court to imply a condition of survival. The testator died in 1931, and his estate was divided in accordance with the Decree based on his will. The bulk of the estate passed through the residuary clause of the will. The Decree established two trusts with substantially similar dispositive provisions, and they are…
2Cases cited21 opinions
- Parsons v. Bristol Development Co.California Supreme Court · 1965
- Estate of RussellCalifornia Supreme Court · 1968
- Hembree v. QuinnCalifornia Supreme Court · 1968
- Salmonski v. BardzinskiCalifornia Supreme Court · 1951
- Wilson v. ClotfelterCalifornia Supreme Court · 1934
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3Cited by3 opinions
- Estate of NewmarkCalifornia Court of Appeal · 1977
- Estate of EdwardsCalifornia Court of Appeal · 1988
- Security Pacific National Bank v. AgnewCalifornia Court of Appeal · 1988