Children’s Hospital & Research Center Foundation v. Knowles
California Court of Appeal
2010 WL 2336528 (2010)
- Written by Sean Carroll, JD
Facts
Ron Morelli established the Ron Morelli Revocable Living Trust. The trust provided that upon Morelli’s death, Morelli’s interest in the trust property should be divided equally among his father, James Morelli; his mother, Tillie Severa; and his two friends Rory Penticost and Leah Meagher. The trust also provided that all trust property not specifically and validly disposed of in that prior clause should go to Children’s Hospital (plaintiff). Severa and Severa’s other child, Cynthia Ironside (Morelli’s sister), predeceased Morelli. Ironside had two children, Knowles and Anderson (Morelli’s nieces) (defendants). Upon Morelli’s death, Children’s Hospital argued that the clause giving to Children’s Hospital all trust property not specifically and validly disposed of in the prior clause was clear intent that Morelli wished to avoid California’s antilapse statute. The probate court agreed. Morelli’s nieces appealed, arguing that the antilapse statute applied.
Rule of Law
Issue
Holding and Reasoning (Dondero, J.)
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