Estate of Huston
California Court of Appeal
60 Cal.Rptr.2d 217 (1997)
Amelia Huston executed a power of attorney designating John Amberg as her attorney-in-fact. The power of attorney stated that Amberg could not make gifts to himself. Huston directed Amberg to purchase, on her behalf, a $90,000 annuity, payable to Amberg upon her death, which he did purchase. After Huston’s death her will was admitted to probate, and Amberg was appointed executor of the will. Amberg later discovered that upon maturity the annuity terms stated that it would pass to the estate’s residuary beneficiaries. Amberg (plaintiff) filed a petition to transfer the annuity to himself. Huston’s niece, Mary Deonne Greene, and two other residuary beneficiaries (defendants) objected. The trial court held that the estate should hold the annuity in a resulting trust for Amberg’s benefit, and Greene appealed.
Rule of Law
Holding and Reasoning (Ward, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.