Genger
Genger v. Delsol
Opinion
Opinion
Dossee, J.
This appeal requires us to determine whether a no contest clause contained in the decedent’s trust applies to the decedent’s widow. We affirm the trial court’s ruling that it does.
Facts
The decedent, Richard Genger, died on February 5, 1994, survived by his only child, Elizabeth, and his second wife, Sachiko, whom he had married in 1982. Elizabeth, the decedent’s daughter from his first marriage, was married to Robert Delsol.
Richard Genger and his brother Robert spent their working lives at Pacific Steel Casting Co., Inc., a foundry in Berkeley that had been started by their father. In 1973, Robert Delsol, Richard Genger’s son-in-law, went to work for Pacific Steel. Thereafter, Delsol and the Genger brothers enjoyed a close working and personal relationship.
In 1979 the Genger brothers formed Tri-Pacific, Inc., as a holding company for the Gengers’ shares in Pacific Steel and for their real estate and other business interests. Richard Genger was chairman of the board of Tri-Pacific from the time of the company’s formation until his death. He was also senior vice-president of Pacific Steel until his semiretirement in 1989.