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ESTATE OF SMITH

Docket No. 23049.

117 Cal.App.3d 511 (1981)

172 Cal. Rptr. 788

Estate of JOHN W.F. SMITH, Deceased. KENNETH CORY, as State Controller, Petitioner and Appellant, v. DON DEE SMITH, as Executor, etc., Objector and Respondent.

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

March 30, 1981.

Attorney(s) appearing for the Case

COUNSEL

Myron Siedorf, Margaret Groscup and Bettina A. Bate for Petitioner and Appellant.

Launer, Chaffee, Ward & Orman, Steven L. Rothrock and Walter B. Chaffee for Objector and Respondent.

OPINION

KAUFMAN, J.

In general terms the issue presented is whether a power to invade corpus given the testamentary trustee in this case amounted to a general power of appointment or whether it was sufficiently circumscribed by ascertainable standards so as to be removed from that uncomfortable category.

The trial court found "that the language of the trust did set forth an...

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