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ESTATE OF GILMAKER

Docket Nos. L.A. 26397, 26186.

57 Cal.2d 627 (1962)

371 P.2d 321

21 Cal. Rptr. 585

Estate of JOSEPH GILMAKER, Deceased. JOSEPH LOUIS GILMAKER, Petitioner and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee, etc., Defendant and Respondent. Estate of JOSEPH GILMAKER, Deceased. JOSEPH LOUIS GILMAKER, Contestant and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee, etc., Petitioner and Respondent.

Supreme Court of California. In Bank.

May 15, 1962.

Attorney(s) appearing for the Case

Eric A. Rose and Pray, Price & Williams for Appellant.

Johnson & Johnson and George R. Johnson for Respondent.

TRAYNOR, J.

In his will Joseph Gilmaker created a testamentary trust. Under the terms of the trust instrument, which was incorporated in the final decree of distribution, the Bank of America is to serve as trustee and petitioner Joseph Louis Gilmaker is to be the sole life beneficiary. On his death the remainder is to go to petitioner's wife and children. Petitioner is also appointed by the trust instrument as "Consultant, and the Trustee shall not sell, lease, exchange...

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