Plaintiffs, gratuitous remainderman of a revocable

Plaintiffs, a gratuitous remainderman of a revocable trust and his assignees, sought review of a judgment of the Superior Court of Alameda County (California), which held in favor of defendant trustee in an action against the trustee to recover the full value of the trust estate on the theory that no valid revocation had taken place.

The action was commenced for the turnover of the principal of the trust following the death of the trustor. The remainderman and his assignees sought enforcement of the trust, an accounting, compensatory damages for breach of trust, and exemplary damages for fraud, implied malice, and oppression in delivering the trust property to persons unknown. The trustee alleged that the trust was revoked and terminated by the trustor and that the entire trust estate was delivered to the trustor. The 14th Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. The main contention on appeal was that the uncontradicted evidence showed that the alleged revocation was secured as a result of the influence of certain designing persons and that no valid revocation of the trust took place because the trustee consented to the revocation with the knowledge of the undue influence. Affirming the trial court, the court held that the finding of a valid revocation by the trustor was supported by the evidence and could not be disturbed on appeal where the reasonable inferences and the evidence were in conflict. The court found that the trustee’s consent to the revocation was properly executed and was well within its express authority.

The court affirmed the trial court’s judgment in favor of the trustee.

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