Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Weinberger v. Morris

September 24, 2010

ROBERT WEINBERGER, PLAINTIFF AND APPELLANT,
v.
JAMES G. MORRIS ET AL., DEFENDANTS AND RESPONDENTS.



APPEAL from an order of the Superior Court of Los Angeles County, Candace J. Beason, Judge. Affirmed. (Los Angeles County Super. Ct. No. EC042951).

The opinion of the court was delivered by: Bigelow, P. J.

CERTIFIED FOR PUBLICATION

This appeal is taken from a final order determining the construction of a trust instrument. (Prob. Code, §§ 1304, 17200.) We affirm the order.

FACTS

The Trust Background

Sue Weinberger (Mrs. Weinberger) was born in 1911. During her lifetime, Mrs. Weinberger had two children, Sheila Weinberger and Robert Weinberger, and acquired a parcel of real property located on Atoll Avenue in North Hollywood. At all times relevant to the current case, Lee Davis was Sheila's fiancé.*fn1

On October 12, 1996, Mrs. Weinberger executed a declaration of trust creating the "Sue Weinberger Trust" (the Trust). On the same date, Mrs. Weinberger executed a quitclaim deed transferring her Atoll Avenue property to the Trust. The quitclaim deed to the Trust was recorded on October 31, 1996.

The Trust Instrument's Language

Article 1.1 of the Trust instrument provided that Mrs. Weinberger was the initial trustee, and Sheila was successor trustee, followed by Davis and then David Sarazen.

Article 2.1 of the Trust instrument gave the trustee the power to dispose of all assets in the trust without court approval. It granted the trustee "full power, authority, and discretion . . . [¶] . . . [¶] . . . [t]o hold, maintain, sell, exchange, replace, or acquire any residence of the Settlor or interest therein which the Trustee shall receive as an asset into this Trust, and pay all expenses thereon."

The Trust also provided that after Mrs. Weinberger's death, the trustee was to pay all its expenses, and that all trust assets, save the personal effects which Mrs. Weinberger requested distributed in separate written instructions, were to go to Sheila. Article 5.1 further indicated that her son Robert had been intentionally omitted from the trust.

Article 5.2 of the Trust instrument provided that, if Sheila died prior to receiving final distribution, the undistributed principal and income was to go to Davis. Article 5.2 further provided that, if all of the named beneficiaries died prior to final distribution of the Trust estate, its remainder was to go to the heirs of the trustees.

The Trust stated that, until final distribution, the trustees were entitled to take from its coffers for "the health, support, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.