BIXBY v. CALIFORNIA TRUST CO.

Docket No. L.A. 20164.

33 Cal.2d 495 (1949)

202 P.2d 1018

FRED H. BIXBY, JR., Appellant, v. CALIFORNIA TRUST COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

February 25, 1949.


Attorney(s) appearing for the Case

Robert L. Moore, Lindstrom & Bartlett and Ralph G. Lindstrom for Appellant.

George Pinny and Dunlap, Holmes, Ross & Woodson as Amici Curiae on behalf of Appellant.

Swanwick, Donnelly & Proudfit and Donald O. Welton for Respondent.


GIBSON, C.J.

Plaintiff is seeking to terminate a spendthrift trust established by him and declared to be irrevocable. The trial court construed the trust instrument as creating remainder interests in his heirs at law and denied termination. Plaintiff has appealed contending that he is the sole beneficiary and is entitled to the relief sought.

The trust instrument provided that plaintiff settlor was to receive the...

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