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McCARTHY v. POULSEN

Docket No. 24136.

173 Cal.App.3d 1212 (1985)

219 Cal. Rptr. 375

ROBERT E. McCARTHY, Plaintiff and Respondent, v. WAYNE E. POULSEN et al., Defendants and Appellants; THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Third District.

November 1, 1985.

Attorney(s) appearing for the Case

COUNSEL

Collette & Erickson, John V. Erickson and Arthur D. Levy for Defendants and Appellants.

McCarthy, Flowers & Roberts, Ralston P. Roberts, Peter V. Shackter and Adrian G. Driscoll for Plaintiff and Respondent.

John K. Van de Kamp, Attorney General, Carole Ritts Kornblum, Assistant Attorney General, Peter K. Shack and William S. Abbey, Deputy Attorneys General, for Defendant and Respondent.

OPINION

SPARKS, J.

This trust case poses the perplexing question of what the superior court should do when no one will consent to act as trustee of a charitable trust. Appellants Wayne E. and Gladys K. Poulsen established a charitable trust in 1974 to be known as the Poulsen Foundation. Respondent Robert E. McCarthy was named as trustee of the trust and he accepted the duties as trustee. The assets of the trust consisted primarily...

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