California Court of Appeal

Probate court ruling on plaintiff's application under Probate Code section 21320 to determine whether a proposed probate court petition would constitute a contest to a testamentary trust under which he is a beneficiary is reversed where the trial court erred in concluding that the second proposed petition would constitute a contest to the trust's exculpation provision.

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Susan Stricklin Wilson, Encinitas, and Barbara K. Meserve for Plaintiff and Appellant.


• For Appellees:
  
• Circuit, McKellogg, Kinney & Ross and Darl R. Danford, La Jolla, for Defendant and Respondent.