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IN RE MATTER OF NANTKER MARITAL TRUST

2d Civil No. B228008.

In re Matter of the Nantker Marital Trust dated June 21, 1998. LUCINDA MALOTT, Petitioner and Appellant, v. MONTECITO BANK & TRUST, Respondent.

Court of Appeals of California, Second District, Division Six.

Filed August 1, 2011.

Attorney(s) appearing for the Case

Fell, Marking, Abkin, Montgomery, Granet & Raney; Philip W Marking and David J. Tappeiner , for Appellant.

Kirk R. Wilson and Jared M. Katz ; Mullen & Henzell, for Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

YEGAN, Acting P.J.

Lucinda Malott, daughter of and Executor of the Will of Carol N. Nantker, appeals from a judgment dismissing her Probate Code section 172001 petition for damages and reimbursement of $311,223 estate taxes paid to the IRS. The petition alleges that Montecito Bank & Trust (Bank), as trustee of a QTIP marital trust,2 negligently distributed...

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