California Court of Appeal

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Brown v. Labow, B195803

In case involving loss of a specific gift of stock to a beneficiary of a revocable trust after the trustor was declared incompetent, dismissal of petition seeking determination that the liquidation and dissolution of company did not cause an ademption of the specific gifts of its stock is reversed where there was no substantial evidence the creator of a trust intended to adeem a stock gift by expressing an intent to sell the business prior to the competency proceedings. Defendant had no authority or power to unilaterally dispose of property which belonged to the conservatorship estate.

Appellate Information

  • Decided 12/05/2007
  • Published 12/05/2007

Judges

  • TURNER, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Plotkin, Marutani & Kaufman, Jay J. Plotkin and Warren W. Kaufman, Sherman Oaks, for Plaintiff and Appellant Lorrin Brown.

  • For Appellees:
  • Bloom & Ruttenberg and Gary M. Ruttenberg, Los Angeles, for Defendant and Respondent Frumeh Labow., Ervin Cohen & Jessup and Reeve E. Chudd, Beverly Hills, for Defendant and Respondent Evelyn Joseph., Tyre Kamins Katz & Granof and Leah K. Phillips Falzone, Los Angeles, for Defendant and Respondent Ross G. Brown.
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