Tate

Jimmie Johnson appeals from an order dismissing his petition filed under Probate Code section 17200. The dismissal order was entered on January 6, 1989. We treat the order as a judgment that is appealable pursuant to Probate Code section 17207.

Factual Background

Vincent Miranda and George Tate (respondent herein) each created “Living Trusts” on January 28, 1983. Each trust was identical in its provi sions, except as to the names of the distributees in the event of death. The Miranda trust provides that upon his death, the property in his trust shall be distributed “to his good friend and business partner, . . . George Tate.” It further provides that if George Tate has not survived Trustor Miranda, the property in the trust shall distribute to “the Trustor’s business associate, Jimmie Johnson.”

The Tate trust provides that upon his death, the property in his trust shall be distributed “to his good friend and business partner, Vincent Miranda.” It also provides that if Miranda has not survived Trustor Tate, the property in the trust shall distribute to the “Trustor’s business associate, Jimmie Johnson.”

Each of the trusts provided that the trustor, during his lifetime,…