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McKENZIE v. VANDERPOEL

No. B186768.

61 Cal.Rptr.3d 129 (2007)

151 Cal.App.4th 1442

Ava Astaire McKENZIE, Plaintiff and Appellant, v. Vivien VANDERPOEL et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Four.

June 13, 2007.

Attorney(s) appearing for the Case

Price, Postel & Parma and Timothy E. Metzinger for Plaintiffs and Appellant.

Epstein, Turner & Song, David B. Epstein and Adam C. Scardina for Defendants and Respondents Vivien Vanderpoel, Paul L. Potter, and Phyllis M. Potter.

Arthur W. Carlson for Defendants and Respondents Fred Astaire, Jr., Fred Henry Astaire, Johanna Astaire, and John Astaire.

EPSTEIN, P.J.

The issue in this appeal is whether a trust beneficiary may avoid a no contest clause in a trust instrument by utilizing a statutory procedure under California probate law to reallocate trust principal and income. We conclude that the statutory procedure does not insulate the beneficiary from the impact of the no contest clause, which is broad enough to encompass the relief she ultimately seeks. We affirm the order of the trial court denying plaintiffs...

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