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CATCH v. PHILLIPS

No. H018483.

86 Cal.Rptr.2d 584 (1999)

73 Cal.App.4th 648

Jack CATCH, Individually and as Trustee, etc., et al., Plaintiffs and Respondents, v. Allan PHILLIPS, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified July 27, 1999.

Attorney(s) appearing for the Case

Larry S. Dushkes Law Corporation and Larry S. Dushkes, Woodland Hills, Attorney for Defendant and Appellant.

Rutter, Hobbs & Davidoff and Terence S. Nunan and Geoffrey M. Gold, Los Angeles, Hoge, Fenton, Jones & Appel and Paul Breen, San Jose, Scott M. Tansey, Beverly Hills, Attorneys for Plaintiffs and Respondents.

Certified for Partial Publication.*

ELIA, J.

In this case, we consider whether an exercise of a power of appointment was valid even though it was not exercised by will or codicil as required by the terms of the trust. (Prob.Code, §§ 630, 631.)1 The trial court determined that the exercise was invalid and granted respondent Jack Catch's motion for judgment on the pleadings. Allan Phillips appeals...

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