Walton

Plaintiff appeals from an adverse judgment in this action brought by her to rescind an irrevocable inter vivos trust. Additionally, plaintiff appeals from an order denying her motion to tax costs. We have concluded that the evidence is sufficient to support the findings and that the judgment should be affirmed. However, as we shall hereafter explain, we are of the view that the denial of plaintiff’s motion to tax costs should be reversed.

We set forth the following pertinent facts in accordance with the familiar rule that an appellate court will view the evidence in the light most favorable to the respondent and will indulge in all intendments and reasonable inferences to sustain the findings and the judgment. (Peterson v. Grieger, Inc. (1961) 57 Cal.2d 43, 51-52 [ 17 Cal.Rptr. 828 , 367 P.2d 420 ]; McCarthy v. Tally (1956) 46 Cal.2d 577, 581 [297 P.2d 981]; Monell v. College of Physicians & Surgeons (1961) 198 Cal.App.2d 38, 47-48 [ 17 Cal.Rptr. 744 ]; Clark v. Redlich (1957) 147 Cal.App.2d 500, 504 [ 305 P.2d 239 ].)

On June 1, 1959, plaintiff Mary Alice Walton, a resident of Atherton, California, executed the trust agreement which is the subject of the present controversy.…