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ESTATE OF GUIDOTTI

No. B145085.

109 Cal.Rptr.2d 674 (2001)

90 Cal.App.4th 1403

ESTATE OF Earl GUIDOTTI, Deceased. Darlene Guidotti, Petitioner and Appellant, v. Bill Lockyer, as Attorney General, etc., Claimant and Respondent.

Court of Appeals of California, Second District, Division Six.

July 25, 2001.

Attorney(s) appearing for the Case

J.K. George and Anne C. Cyr, Los Osos, for Petitioner and Appellant.

No appearance for Claimant and Respondent.

GILBERT, P.J.

A clause in a husband's testamentary trust gives his wife the net income for life, but only if she does not remarry or live with a man as though married. Here we conclude that the clause is void as a restraint on marriage. (Civ.Code, § 710.)

Petitioner Darlene Guidotti appeals an order by the probate court denying a petition to reform the will of her deceased husband, Earl Guidotti, to comply with the requirements of the Internal Revenue...

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