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JOHNSON v. GREENELSH

No. S166747.

47 Cal.4th 598 (2009)

ROBERT L. JOHNSON, as Cotrustee, etc., Plaintiff and Respondent, v. KATHRYN A. GREENELSH, as Cotrustee, etc., Defendant and Appellant.

Supreme Court of California.

October 29, 2009.

Attorney(s) appearing for the Case

Sandra Waite and David P. Weilbacher for Defendant and Appellant.

George ♥ Cyr, J. Keith George and Anne C. Cyr for Plaintiff and Respondent.

OPINION

CORRIGAN, J.—

Here we conclude that a challenge to a surviving spouse's mental capacity to transfer trust assets and appoint a successor trustee did not violate the no contest clause in a family trust. A proceeding contesting a settlor's mental competence to exercise rights under a trust does not amount to an attack on the trust itself, unless it seeks to thwart the estate plan established by the trust.

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