TOWNSEND v. TOWNSEND

No. D052325.

171 Cal.App.4th 389 (2009)

CYNTHIA E. TOWNSEND, Plaintiff and Appellant, v. JAMES TOWNSEND II, as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

February 23, 2009.


Attorney(s) appearing for the Case

Richard H. Benes and Stephen A. Bond for Plaintiff and Appellant.

Flynn & Stillman and Philip H. Stillman for Defendant and Respondent.


OPINION

AARON, J.

I.

INTRODUCTION

A no contest clause is statutorily defined as "a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary if the beneficiary files a contest with the court." (Prob. Code, § 21300, subd. (d).)1 Pursuant to section 21305, subdivision (a)(3), "A challenge to the...

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