Spicer

I. FACTS AND PROCEDURAL BACKGROUND

On June 27, 2004, Milbry Cleyo Spicer established the Trust in her name,

designating herself as both grantor and trustee. Three individuals were named to serve

successor cotrustees of the Trust in the event of her death or incapacity: Charles King,

Milbry Atisha Cleyo Spicer, and Rebecca Annette Scott, also known as Rebecca Steward.

Milbry Cleyo Spicer died on December 17, 2004, and the three named successor

cotrustees assumed their roles on behalf of the Trust.

In June 2006, and again in March 2007, Mr. King and Ms. Spicer petitioned the

probate court to remove Ms. Steward as successor cotrustee, on a variety of grounds. On

January 30, 2009—following a series of continuations and a January 2009 stipulation of

the parties to hold the matter of Ms. Steward’s removal in abeyance—Ms. Steward

1 This is a line of argument Mr. Steward has also raised in a related civil appeal (King v. Steward, Nos. E052121, E055805).

2 resigned as successor cotrustee, pursuant to a settlement agreement between the parties in

the related civil action. (See fn. 1, ante.) Nobody was appointed to serve as a third

successor cotrustee of the Trust in place of…