Levy v. Crocker-Citizens National Ban

14 Cal.App. 3d 102 (1971)

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Nature of the Case

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Facts

The attorney for P's mother prepared trust instruments, and P executed them in 1956 shortly after his 21st birthday. P is the trustor and the beneficiary of the net income for life. Upon his death, the corpus would go to those under his power of appointment or in default of such appointment to his then surviving lawful issue per stirpes or if he has no issue to the then surviving lawful issue of his mother. P wanted to testify about his intent at the time he signed the instrument, and that was objected to by the trustee in that the trust was clear and unambiguous thus precluding extrinsic evidence. The trial court refused to terminate the trust.