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COOK v. COOK

No. B205793.

177 Cal.App.4th 1436 (2009)

DONALD D. COOK, JR., as Trustee, etc., Plaintiff and Respondent, v. DANIEL W. COOK, Defendant and Appellant.

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

September 29, 2009.

Attorney(s) appearing for the Case

The Law Office of John Derrick and John Derrick for Defendant and Appellant.

Law Offices of Mary P. Kulvinskas, Mary P. Kulvinskas; Law Offices of Robert H. Pourvali and Robert H. Pourvali for Plaintiff and Respondent.

OPINION

GILBERT, P. J.—

In an amendment to their testamentary trust, testators stated that a beneficiary's debt owed them be offset against that beneficiary's distribution. Here we conclude the beneficiary's assertion that the debt is unenforceable violates the trust's no-contest provision.

Trust beneficiary Daniel W. Cook appeals an order determining that his pleading regarding the distribution of his deceased parents' trust...

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