IN RE ESTATE OF THOMAS

No. B170166.

21 Cal.Rptr.3d 741 (2004)

124 Cal.App.4th 711

ESTATE OF Betty Gross THOMAS, Deceased. John Thomas, Plaintiff and Respondent, v. David DuBois Elder, as Cotrustee, etc., et al., Defendants and Appellants.

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

Review Denied February 16, 2005.


Attorney(s) appearing for the Case

Freeman, Freeman & Smiley, Stephen M. Lowe and Todd M. Lander, Los Angeles, for Defendants and Appellants.

Poindexter & Doutré, James P. Drummy and Jeffrey A. Kent, Los Angeles, for Plaintiff and Respondent.


DOI TODD, J.

Defendants and appellants David DuBois Elder and Michael Olenick, as trustees of the Betty Gross Thomas Trust, appeal from an order granting in part a petition filed by plaintiff and respondent John Thomas, also known as Piri Thomas, to reallocate a $1.2 million trust distribution from principal to income. Appellants contend that under Probate Code section 16350, subdivision (d)(1)(B),1 the distribution amounted to a "partial...

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