Legal Opinion
United California Bank v. Bottler
California Court of Appeal
Decided April 12, 1971No. Civ. 36592PublishedCited by 11 opinions
1Opinion of the Court
Opinion
FILES, P. J.
This appeal deals with the effect of the residuary clause in the will of a testator who was the donee of a special power of appointment of the remainder of an inter vivos trust. We have concluded that the will operated to exercise the power in part and that the ostensible effect was to create interests which violated the rule against perpetuities (Civ. Code, § 715.2).
The facts material to our determination here have not been in dispute.
On January 3, 1949, Eugene Dysart Bottler (hereinafter Dysart) executed an inter vivos trust which provided that upon his death (which…
2Cases cited8 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Estate of CarterCalifornia Supreme Court · 1956
- American Cancer Society v. Church Divinity SchoolCalifornia Supreme Court · 1956
- Childs v. GrossCalifornia Court of Appeal · 1940
- Estate of CoxCalifornia Court of Appeal · 1970
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3Cited by11 opinions
- Clark Equipment Co. v. WheatCalifornia Court of Appeal · 1979
- Simmons v. Southern Pacific Transportation Co.California Court of Appeal · 1976
- WOODWARD PARK HOMEOWNERS v. City of FresnoCalifornia Court of Appeal · 2007
- Shaver v. ClantonCalifornia Court of Appeal · 1994
- Estate of EddyCalifornia Court of Appeal · 1982
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