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OTTO v. UNION NATIONAL BANK

Docket No. L.A. 21377.

38 Cal.2d 233 (1951)

238 P.2d 961

HELEN E. OTTO, Appellant, v. UNION NATIONAL BANK OF PASADENA et al., Respondents.

Supreme Court of California. In Bank.

December 21, 1951.

Attorney(s) appearing for the Case

George Penney, Dunlap, Holmes, Ross & Woodson and Robert H. Dunlap for Appellant.

Hahn & Hahn, Delbridge, Hamblin & Linton, Leon W. Delbridge and Donald W. Hamblin for Respondents.

EDMONDS, J.

By this action, Helen Otto seeks to terminate an inter vivos trust created by her. The appeal is from a judgment which followed an order sustaining general demurrers to her complaint which she failed to amend.

In 1941, Helen Otto, then Helen Wheeler, created an inter vivos trust with a corpus consisting of assets in excess of $500,000, which was her separate property. The trust indenture includes a spendthrift provision in favor of...

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