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UNITED CALIFORNIA BANK v. BOTTLER

Docket No. 36592.

16 Cal.App.3d 610 (1971)

94 Cal. Rptr. 227

UNITED CALIFORNIA BANK, as Trustee and as Executor, etc., Plaintiff and Respondent, v. NANCY CLAIRE BOTTLER, a Minor, etc., Defendant and Appellant; JEROME T. STEWART, as Guardian, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

April 12, 1971.

Attorney(s) appearing for the Case

COUNSEL

Barrett, Hubbard & Head and James B. Lindholm, Jr., for Defendant and Appellant.

Donnelly, Clark, Chase & Haakh, Ernest M. Clark, Jr., and John A. Donnelly for Plaintiff and Respondent.

Jerome T. Stewart, in pro. per., for Defendant and Respondent.

OPINION

FILES, P.J.

This appeal deals with the effect of the residuary clause in the will of a testator who was the donee of a special power of appointment of the remainder of an inter vivos trust. We have concluded that the will operated to exercise the power in part and that the ostensible effect was to create interests which violated the rule against perpetuities (Civ. Code, § 715.2).

The facts material to our...

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