California Court of Appeal

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Estate of Cairns, A125736

In trustees' probate petition proceeding, the court's interpretation of a provision known as the "five-or-five" provision, for annual distribution of principal to a life beneficiary, in finding that the provision authorized the distribution to include an interest in real property in addition to money, and denial of the remainder beneficiary's motion for an evidentiary hearing is affirmed as the trial court's interpretation of the "five-or-five" provision was consistent with the testator's intent and no evidentiary hearing was required.

Appellate Information

  • Decided 09/15/2010
  • Published 09/23/2010

Judges

  • Dondero

Court

  • California Court of Appeal

Counsel

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