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GIAMMARRUSCO v. SIMON

No. B199998.

171 Cal.App.4th 1586 (2009)

CYNTHIA GIAMMARRUSCO, Plaintiff and Respondent, v. MARK SIMON, Defendant and Appellant.

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

March 12, 2009.

Attorney(s) appearing for the Case

Greenberg Glusker Fields Claman & Machtinger and Michael A. Greene for Defendant and Appellant.

Sacks, Glazier, Franklin & Lodise, Terrence M. Franklin, Matthew W. McMurtrey; Hoffman, Sabban & Watenmaker and Kenneth S. Wolf for Plaintiff and Respondent.

OPINION

MALLANO, P. J.—

In this probate case, a trust provided that the surviving trustor could exercise a limited power of appointment over specified property in three ways: (1) "by a Will . . . duly admitted to probate," (2) "by a . . . Codicil duly admitted to probate," or (3) "by a written acknowledged instrument delivered to the Trustee." The trust then stated, "[i]f no Will or Codicil purporting to be that of the Survivor...

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