Johnson v. Greenelsh, No. S166747

In proceedings involving an arbitration petition by one co-trustee of a family trust and plaintiff-co-trustee's petition to enforce a no contest clause, appellate court's judgment against defendant-co-trustee is reversed as a challenge to a surviving spouse's mental capacity to transfer trust assets and appoint a successor trustee did not violate the no contest clause in a family trust. A proceeding contesting a settlor's mental competence to exercise rights under a trust does not amount to an attack on the trust itself, unless it seeks to thwart the estate plan established by the trust. 

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Appellate Information
Appeal from San Luis Obispo County Super. Ct. No. PR050017

Filed October 29, 2009

Judges
Before BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by CORRIGAN, J.

Counsel
For Appellant: Sandra Waite, David P. Weilbacher

For Appellee:  George-Cyr, LLP, Keith George, Ann C. Cyr