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IN RE ESTATE OF DELORETO

No. B166989.

13 Cal.Rptr.3d 513 (2004)

118 Cal.App.4th 1048

ESTATE of Emil DeLORETO, Deceased. Mildred Lavado et al., Petitioners and Appellants, v. James M. DeLoreto, as Trustee, etc., et al., Objectors and Respondents.

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

As Modified May 25, 2004.

Attorney(s) appearing for the Case

Monty H. Amyx and Robert L. Bletcher for Petitioners and Appellants.

James P. Ballantine, Santa Barbara, CA, for Objectors and Respondents.

GILBERT, P.J.

The beneficiary of his father's testamentary trust adopts two adult children. They claim to be members of the class of grandchildren who are trust beneficiaries. Probate Code1 section 21115, subdivision (b) states a rule of construction excluding such adopted adults from the class of the testator's grandchildren. The trial court, relying on section 21115, grants summary judgment in favor of the trust and its beneficiaries...

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