Hibernia Bank v. Wells Fargo Bank

Appellant Hibernia Bank, as special administrator of the estate of Katheryn Hotaling, deceased, commenced this action against respondent Wells Fargo Bank National Association, seeking a judgment which would (1) declare that the decedent, in her lifetime, had effectively revoked a written trust agreement she had previously executed with respondent and (2) order respondent to deliver the trust assets to appellant. The trial court granted respondent’s motion for a summaiy judgment pursuant to section 437c of the Code of Civil Procedure. The appeal is from the ensuing summary judgment, which dismissed appellant’s action.

Facts

The record supports the following recitals: On July 8, 1974, Katheryn Hotaling, as trustor, entered into a written trust agreement with respondent wherein she conveyed to it, as trustee, certain assets to be used for her support, care, comfort and convenience during her lifetime and to be conveyed by respondent to certain named beneficiaries upon her death. The 12th paragraph of the trust agreement provided:

On July 30, 1974, while she was confined in a convalescent hospital in San Francisco, Katheryn Hotaling told three employees of the hospital…