NEWMAN v. WELLS FARGO BANK

Docket No. S048669.

14 Cal.4th 126 (1996)

JON E. NEWMAN et al., Plaintiffs and Appellants, v. WELLS FARGO BANK, N.A. as Trustee, etc., et al., Defendants and Respondents.

Supreme Court of California.

December 5, 1996.


Attorney(s) appearing for the Case

COUNSEL

Rebecca Coufal, Michael D. Kinkley, Michael Tracy and Dan Johnson for Plaintiffs and Appellants.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Ethan P. Schulman, Janet L. Evans and Beth L. Kramer for Defendants and Respondents.


OPINION

BAXTER, J.

We are asked to decide whether, in looking to the law of intestacy as a guide to a testator's presumed intent when a will provision is ambiguous, a court should consider the law in effect at the time the will or testamentary trust was executed to determine if a child adopted out of a designated ancestor's family is among the "issue" and "children" the testator intended...

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