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BUDNY v. BANK OF AMERICA, NAT. TRUST AND SAVINGS ASSN.

Docket No. 18263.

167 Cal.App.2d 1 (1959)

333 P.2d 812

TADEUSZ BUDNY et al., Appellants, v. BANK OF AMERICA, NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Corporation), as Trustee, etc., Respondent.

Court of Appeals of California, First District, Division Two.

January 8, 1959.

Attorney(s) appearing for the Case

Richard J. Spear and Robert S. Thaman for Appellants.

S. Lennart Cederborg and Felton L. Watson for Respondent.

DRAPER, J.

Plaintiffs' complaint seeks declaration of the invalidity of a testamentary trust, alleging that "administration was had and closed" upon the estate of the testator and quoting the challenged provisions of the trust from the will "and ... the Decree of Final Distribution." Demurrer to the complaint was sustained without leave to amend, and plaintiffs appeal from the ensuing judgment. The assertion that the trust is invalid is based solely upon its claimed...

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