Estate of Bird
California Court of Appeal
225 Cal. App. 2D 196 (1964)
- Written by Jamie Milne, JD
Facts
Spouses Jeannette and Geoffrey Bird simultaneously executed wills in February 1961. Jeannette died in June 1961. Her will created a trust for her assets, stating that the trust would terminate upon Geoffrey’s death. The will gave Geoffrey a general testamentary power of appointment, meaning that he had the exclusive power to dispose of the trust’s assets upon his death via his will. Geoffrey died just three months after Jeannette. His will devised his assets, including the trust property, to Citizens National Bank (Citizens) (defendant) in trust for the benefit of his children. The net income was to be distributed between the children in equal shares for life. Upon the death of the last child and any grandchildren living at the time of Geoffrey’s death, the trust was to terminate, and the assets were to be distributed among the children of Geoffrey’s grandchildren. During the probate of Geoffrey’s will, a dispute arose between Lois Tiffany (plaintiff) and Citizens, which was the estate’s executor. After the probate court entered a decree determining the parties’ respective interests in the estate, Citizens appealed, seeking clarification regarding application of the rule against perpetuities.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
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