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ESTATE OF CIBULK

No. G023327.

79 Cal.Rptr.2d 168 (1998)

67 Cal.App.4th 690

ESTATE OF Dorothy H. CIBULK, Deceased. Roy J. Cibulk, as Executor, etc. Petitioner and Appellant, v. David Cibulk et al. Claimants and Respondents.

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

October 29, 1998.

Attorney(s) appearing for the Case

Robert M. Himrod, Los Angeles, for Petitioner and Appellant.

No appearance for Claimants and Respondents.1

OPINION

SONENSHINE, Associate Justice.

Roy J. Cibulk, the executor and testamentary trustee of his wife Dorothy's estate, appeals from a portion of the trial court's order granting his Probate Code section 11640 petition for final distribution of her estate and waiver of a final account.

I

Pursuant to Dorothy's testamentary trust, Roy is the trustee and lifetime beneficiary. At Roy's death, Bank of America becomes

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