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WELLS FARGO BANK v. TITLE INS. & TRUST CO.

Docket No. 28038.

22 Cal.App.3d 295 (1971)

99 Cal. Rptr. 464

WELLS FARGO BANK, Plaintiff, v. TITLE INSURANCE & TRUST COMPANY, as Executor, etc., et al., Defendants and Respondents; UNITED CALIFORNIA BANK, as Successor Trustee, etc., et al., Defendants and Appellants.

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

December 22, 1971.

Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher and Theodore B. Olson for Defendants and Respondents.

Walker, Wright, Tyler & Ward, Don F. Tyler, Krystal & Paradise, Monroe B. Kulberg, Mitchell, Silberberg & Knupp and Michael Holtzman for Defendants and Appellants.

No appearance for Plaintiff.

OPINION

KANE, J.

By deed, dated April 11, 1903, Susanna H. Van Nuys ("Grantor"), in consideration of love and affection, conveyed to her daughter, Annis H. Van Nuys ("Life Tenant"), certain real property situated in the City and County of San Francisco. The habendum clause of the deed provides as follows:

"To have and to hold the said property unto the said party of the second part for and during the term of his [sic

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