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BURKETT v. CAPOVILLA

No. B162824.

5 Cal.Rptr.3d 817 (2003)

112 Cal.App.4th 1444

Deborah L. BURKETT, as Trustee, etc. Plaintiff and Respondent, v. Peter CAPOVILLA, Defendant and Appellant.

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

October 30, 2003.

Attorney(s) appearing for the Case

Robert O. Angle, Santa Barbara, and Charles M. Oxton, for Defendant and Appellant.

Archbald & Spray; Kenneth L. Moes, Santa Barbara, for Plaintiff and Respondent.

YEGAN, J.

Peter Capovilla (son) successfully appeals from the trial court's Order on Petition of Trustee for Instructions. The order instructs Deborah Burkett (trustee), the successor trustee of the Erma Mary Olivera Living Trust, to distribute the trust's primary asset to the issue of Olivera's (settlor) deceased daughter, Eleanor Rollings (daughter). Son contends the gift to daughter lapsed because she predeceased settlor. The trust instrument requires that beneficiaries...

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