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Weinberger v. Morris, B215819

In plaintiff's claims regarding the construction of his deceased mother's trust instrument against the trustee and others, an order finding the trustee the beneficiary of the trust is affirmed as, although the law generally implies a requirement for the prompt distribution of an estate under the language of Estate of Newman, such a requirement under the language in this trust cannot be implied as the trust contemplated ongoing management until a final distribution, at the trustee's discretion, to a then-living beneficiary, which is also consistent with the fundamental purpose of the trust which expressly provides that the testator had intentionally omitted to provide for plaintiff.

Appellate Information

  • Decided 09/24/2010
  • Published 09/24/2010




  • California Court of Appeal


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