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ESTATE OF RUSSELL

Docket No. 28108.

17 Cal.App.3d 758 (1971)

95 Cal. Rptr. 88

Estate of HARVEY A. RUSSELL, Deceased. BANK OF AMERICA, as Trustee, etc., Petitioner and Respondent, v. VICTOR ALBERT LAZZERONI II, a Minor, etc., Claimant and Appellant JOHN M. THOMPSON, as Guardian ad Litem, etc., Claimant and Respondent.

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

May 21, 1971.

Attorney(s) appearing for the Case

COUNSEL

Garth V. Lacey for Claimant and Appellant.

No appearance for Petitioner and Respondent.

Thompson & Hubbard, Ralph W. Thompson and Russell A. Thomsen for Claimant and Respondent.

OPINION

MOLINARI, P.J.

This appeal presents a question of first impression in this state. It concerns the effect of adoption out of a testator's family of a great-grandchild who, except for his adoption, would be included in a description of the class of remaindermen of a testamentary trust. Stated more precisely, the issue is as follows: Where a testamentary trust provides for distribution to a class of remaindermen described as...

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