ESTATE OF CAIRNS

No. A125736.

188 Cal.App.4th 937 (2010)

115 Cal. Rptr. 3d 735

Estate of MARGARET CAIRNS, Deceased. KENNETH GRANT CAIRNS, as Trustee, etc., et al., Petitioners and Respondents, v. KENNETH S. CAIRNS, Objector and Appellant.

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

September 15, 2010.


Attorney(s) appearing for the Case

Foley McIntosh Frey & Claytor and James D. Claytor for Objector and Appellant.

Zeller, Hoff & Zeller, Paul M. Hoff; Dickenson, Peatman & Fogarty and David A. Diamond for Petitioners and Respondents Kenneth Grant Cairns and Glenn Ellwood Cook.

John A. Hartog for Petitioners and Respondents Kenneth Grant Cairns and Nancy C. Pace.


OPINION

DONDERO, J.

In a proceeding on a probate petition filed by the trustees of a testamentary trust, the court interpreted a provision—known as the "five-or-five" provision—for annual distribution of principal to a life beneficiary, and found that the provision authorized the distribution to include an interest in real property in addition to money. In this appeal, a remainder beneficiary argues that the trial court...

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