ROSENAUER v. TITLE INS. & TRUST CO.

Docket No. 40285.

30 Cal.App.3d 300 (1973)

106 Cal. Rptr. 321

ROBERT O. ROSENAUER, Individually and as Executor, etc., Plaintiff and Appellant, v. TITLE INSURANCE AND TRUST COMPANY, Defendant and Respondent.

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

January 30, 1973.


Attorney(s) appearing for the Case

COUNSEL

Barrett, Hubbard, Doggett & Van Zyl and Gyte Van Zyl for Plaintiff and Appellant.

Agnew, Miller, Carlson & Powers and Maynard J. Klein for Defendant and Respondent.


OPINION

COMPTON, J.

Plaintiff Robert Rosenauer, as executor of the estate of Elizabeth Rosenauer, deceased, and as a beneficiary under deceased's will, seeks to determine conflicting claims to the proceeds of a revocable inter vivos trust established by deceased. Defendant Title Insurance and Trust Company (TI) is trustee. The trial court sustained a demurrer without leave to amend to the first amended complaint. A judgment...

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