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Masry v. Masry
California Court of Appeal
166 Cal. App. 4th 738 (2008)
Joette Masry (plaintiff) and her husband, Edward Masry, created a joint inter vivos trust and put their community property into it. The trust document stated that, as the trustors, either Joette or Edward could revoke the trust in a writing delivered to both the other trustor and the trustee during the revoking person’s lifetime. Both spouses were trustees. Shortly before his death, Edward executed a written revocation of his part of the joint trust. Edward then created a new trust that held just his property interests and appointed his two children from a previous marriage (defendants) as cotrustees of this new trust at his death. Joette did not receive notice of Edward’s revocation of his part of the joint trust until after his death. Joette petitioned to have Edward’s revocation declared invalid because Edward had not given her notice while he was alive, as required by the joint trust’s terms. The trial court found that Edward’s revocation was valid under California law. Joette appealed.
Rule of Law
Holding and Reasoning (Gilbert, J.)
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