Feliz v. Thompson

California Court of Appeal Dec 21, 1977 No. Civ. No. 3289Published

Before: Brown

AI Brief

AI-generated · verify before citing

Holding. The court held that the testamentary trusts created by the decedent's will were valid because the testator's intent, the trust res, the beneficiaries, and the purpose were identified with reasonable certainty.

Issues

Whether the language in the decedent's will created valid testamentary trusts.
Whether the trusts failed for lack of sufficient directions regarding the trustee's duties.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The terms of the trusts make it “reasonably certain” within the meaning of Civil Code section 2221 that the trustor’s purpose was to bestow a present equitable bequest on the beneficiaries”

“The obligation to hold and control the trust res is manifestly an affirmative duty which is reasonably ascertainable from the terms of the trusts.”

“Accordingly, it is concluded that the trusts created by the decedent herein are valid”

Opinion

BROWN (G. A.), P. J. The determinative issue herein is whether the language of paragraph Fourth of the will of the decedent, Albert A. [108]Berges, created valid testamentary trusts in favor of the children of Isabel Thompson (Isabel), Jim Feliz (Jim) and Josephine Feliz Dawson (Josephine). Paragraph Fourth states:

“Fourth: I do hereby give, devise and bequeath to Evelyn Feliz the sum of $5,000.00 cash, and any automobile that I may die possessed of.

“I do hereby give, devise and bequeath to Isabel Thompson, as trustee, the sum of $600.00 for each of her children surviving at the time of my demise.

“I do hereby give, devise and bequeath to Jim Feliz, as trustee, the sum of $600.00 for each of his children, and I do hereby give, devise and bequeath to Josephine Feliz Dawson, as trustee, the sum of $600.00 for each of her children at the time of my demise. Said trusts shall terminate when each of said children attain the age of eighteen years.

“All of the remainder and residue of my estate, I do hereby give, devise and bequeath to the following equally, share and share alike, namely: Isabel Thompson, a sister; Jim Feliz, a brother; Josephine Feliz Dawson, a niece; and to San Felipe Boys Home in Bakersfield, California, said sum to be used solely and exclusively for the benefit of said San Felipe Boys Home in Bakersfield, California.

“In the event my brother, or sister, or niece should predecease me, then in that event I do hereby give their respective shares to their children by right of representation.”

The critical facts are stipulated. Decedent died without surviving spouse or issue. Isabel (decedent’s sister) has five children, Jim (decedent’s brother) has ten children, and Josephine (a niece) has two children. The specific legatee, Evelyn Feliz (Evelyn) is not a blood relative of decedent. There were insufficient assets in the estate to satisfy both the gift to Evelyn and the purported gifts in trust to Isabel, Jim and Josephine as trustees for their children.

Evelyn filed a petition to determine heirship, asserting the purported trusts are invalid, The probate court determined that the trusts are valid and, pursuant to the provisions of Probate Code section 752,1 since the decedent’s estate available for distribution was not sufficient to

Feliz v. Thompson

AI Brief

More from California Court of Appeal

Related research

AI Brief