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COLBURN v. NORTHERN TRUST CO.

No. B185956.

59 Cal.Rptr.3d 828 (2007)

151 Cal.App.4th 439

Jacqueline S. COLBURN et al., Plaintiffs and Appellants, v. The NORTHERN TRUST COMPANY, as Trustee, etc., et al., Defendants and Appellants.

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

As Modified June 4, 2007.

Attorney(s) appearing for the Case

Law Offices of Paul F. Cohen, Paul F. Cohen, Liza Amtmanis, Los Angeles; Law Offices of Gordon B. Cutler and Gordon B. Cutler, Los Angeles, for Plaintiff and Appellant Jacqueline S. Colburn.

Mitchell Silberberg & Knupp, Allan B. Cutrow and Karl de Costa, Los Angeles, for Plaintiff and Appellant Barbara D. Bergstein.

Loeb & Loeb, Stuart P. Tobisman, David C. Nelson and Alyse N. Pelavin, Los Angeles, for Defendants and Appellants.

VOGEL, J.

By a carefully drafted no-contest clause in his trust, Richard D. Colburn's testamentary plan compelled a forced election by his former wife and their children— either enforce their rights under an existing marital dissolution judgment by filing creditor's claims, or relinquish those rights and take the gifts provided for them in his trust instruments. The former wife and children filed "safe harbor...

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