Brown

I. INTRODUCTION

Lorrin Brown challenges two orders. First, Mr. Brown challenges an order dismissing a petition which sought a determination that the liquidation and dissolution of Brown Wholesale Electric Supply Company (Brown Wholesale Electric) did not cause an ademption of the specific gifts of its stock. The stock was contained in the Rubin Brown Living Trust (the trust) under the tenth amendment to the trust (dated Oct. 13, 1995). Second, Mr. Brown appeals from a probate court order quashing acceptance of a settlement offer pursuant to Code of Civil Procedure section 998. We reverse the order dismissing a petition which sought a determination that the liquidation and dissolution of Brown Wholesale Electric did not cause an ademption. Also, we affirm the order quashing acceptance of the statutory offer to compromise.

II. BACKGROUND

Rubin created the trust on February 14, 1983, and named himself as trustee. The principal asset of the trust was 95 percent ownership of stock in Brown Wholesale Electric. Rubin had two sons, Mr. Brown and Ross, both of whom worked for Brown Wholesale Electric. Mr. Brown and Ross were also officers, directors, and minority shareholders…