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SMITH v. ESSLINGER

Docket No. G013003.

26 Cal.App.4th 579 (1994)

31 Cal. Rptr.2d 673

MARILYN M. SMITH, Plaintiff and Respondent, v. DARREN E. ESSLINGER et al., as Trustees, etc., Defendants and Appellants.

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

June 30, 1994.

Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher, Gordon A. Schaller, Larry C. Boyd and Andrea E. Neuman for Defendants and Appellants.

Forgy, Inadomi & Mosich and Nicholas J. Mosich for Plaintiff and Respondent.

OPINION

SILLS, P.J.

The trustees of an inter vivos trust appeal from an order determining that the plaintiff beneficiary had not violated the trust's "no contest" clause by filing the underlying petition. Because we hold the trustees do not have standing to appeal the order, we dismiss the appeal.

I

Paul and Marie Esslinger established an inter vivos trust in 1976 known as the Esslinger Family Trust. When Paul died...

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