Skibinski

Skibinski v. Bank of America National Trust & Savings Ass'n

Good Law
12 Cal. Rptr. 3·190 Cal. App. 2d 413·1961 Cal. App. LEXIS 2316
Court of Appeal of CaliforniaMarch 22, 1961Civ. No. 9874California1,929 words

Opinion

Lead Opinion

Schottky, J.

This is an appeal from an order denying the petition .of Michael H. Skibinski by which he sought to require the trustees of a trust for support created by the will of Sarah Jane Mullins to reimburse him for expenditures made in the care and support of Dorothy Pelligreen, a lifetime beneficiary of the trust.

*415 Sarah Jane Mullins died on July 21, 1946. By the terms of her will she created a trust which provided in part that the trustees “shall pay to or for the benefit of my daughter, Annie Pelligreen, and my granddaughter, Dorothy Pelligreen, whatever shall be required for their proper care, education, support and reasonable recreational needs, using the net income and whatever of the principal may be necessary.” The trust also provided that upon the death of Annie Pelligreen all of the income should be paid to Dorothy Pelligreen and that upon the death of both of the life beneficiaries the trust was to terminate and the trustee instructed to deliver the remainder of the estate to named third parties.

Annie Pelligreen died on December 10,1948. Dorothy Pelligreen was an incompetent, and appellant Skibinski was appointed her guardian in 1947. He entered upon his duties and…

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