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IN RE ESTATE OF MUMBY

No. 23133-6-II.

982 P.2d 1219 (1999)

In the Matter of the ESTATE OF Samuel C. MUMBY, Deceased. Darlene Wood, Appellant, v. James Caldwell and Erma Caldwell, and their martial community, Respondents.

Court of Appeals of Washington, Division 2.

September 3, 1999.

Attorney(s) appearing for the Case

Mark Stephen Beaufait, Mark S. Beaufait, Ps, Port Townsend, for Respondents.

Joanne Henry, Vandeberg, Johnson & Gandara, Tacoma, for Appellant.

ARMSTRONG, J.

Darlene Wood, the daughter of Dr. Samuel Mumby, petitioned to invalidate his living trust on grounds that James Caldwell, the executor and a beneficiary, exerted undue influence. Caldwell counterclaimed that the "no contest" clause barred Wood from taking as a beneficiary. The trial court held that the trust was properly executed and enforced the no contest provision. The court also concluded that the trust...

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