California Court of Appeal

Holding that proposed probate petitions would not violate the no contest clauses in a will and declaration of trust is affirmed over claims that: 1) the court lacked subject matter jurisdiction where the Probate Code section 21320 application was defective as a matter of law; and 2) section 21305(a)(3) does not apply to the proposed petition to invalidate the second amendment to the trust.

Appellate Information

• Decided 04/27/2006
• Published 04/27/2006

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John A. Hartog, Orinda, for Objector and Appellant.


• For Appellees:
  
• Horton & Roberts and Neil F. Horton, Oakland;  Rosenberg Law Firm and Richard D. Rosenberg for Petitioner and Respondent.