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NAIRNE v. JESSOP-HUMBLET

No. D038803.

124 Cal.Rptr.2d 726 (2002)

101 Cal.App.4th 1124

Kenton W. NAIRNE, Plaintiff and Respondent, v. Marilyn JESSOP-HUMBLET as Trustee, etc., Defendant and Appellant.

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

Rehearing Denied September 6, 2002.

Attorney(s) appearing for the Case

Luce, Forward, Hmailton & Scripps, Charles A. Bird and Mary F. Gillick, San Diego, for Defendant and Appellant.

Ward & Thorn and Richard D. Thorn for Palintiff and Respondent.

KREMER, P.J.

Marilyn Jessop-Humblet, as Trustee of the Humblet Family Trust, appeals an order that Kenton W. Nairne's proposed complaint would not violate a no contest clause in the Humblet Family Trust. Nairne claimed, in his proposed complaint, that Marilyn and her husband had orally agreed to give certain property to him and therefore that property should not have been included in the trust. We conclude the proposed complaint would constitute a contest and reverse...

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