California Court of Appeal

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Pena v. Dey, 083266

Affirmed summary judgment in favor of Plaintiff. Defendant was allegedly made a beneficiary of a trust by handwritten interlineations by the original settlor and trustee of a certain trust. Plaintiff, the successor trustee, moved for summary judgment asserting the interlineations were not valid. The appeals court concluded that valid amendments must be by written instrument, signed by the settlor, and delivered to the trustee. The interlineations were never signed, so the trust was not effectively amended.

Appellate Information

  • Decided
  • Published 2019/08/30

Judges

  • Hoch

Court

  • California Court of Appeal

Counsel