California Court of Appeal

Bradley v. Gilbert, B201357

In a probate action, trial court judgment is affirmed where the court correctly ruled that plaintiff's proposed petition as successor trustee to marshal the assets in his deceased parent's trusts would not constitute a contest of his father's trust and not violate the no contest provision of the trust as it falls within the scope of the Probate Code sec. 21305 exemption for pleadings challenging the exercise of fiduciary power.

Appellate Information

• Decided 04/01/2009
• Published 04/01/2009

Judges

• WOODS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Evans, Latham & Campisi, Andrew Zabronsky, San Francisco, and Claudia J. Lowder;  John A. Payne, Jr. for Plaintiff and Appellant.


• For Appellees:
  
• Stewart J. Schwartz for Defendant and Appellant.