Lavado

Lavado v. DeLoreto

Good Law
118 Cal. App. 4th 1048·13 Cal. Rptr. 3d 513
Court of Appeal of CaliforniaMay 20, 2004No. B166989California1,800 words

Opinion

lead Opinion

Gilbert, J.

The beneficiary of his father’s testamentary trust adopts two adult children. They claim to be members of the class of grandchildren who are trust beneficiaries. Probate Code 1 section 21115, subdivision (b) states a rule of construction excluding such adopted adults from the class of the testator’s grandchildren. The trial court, relying on section 21115, grants summary judgment in favor of the trust and its beneficiaries 2 and against the *1051 adult adoptees. We affirm because section 21115, subdivision (b) applies even though it was enacted after the testator’s death.

FACTS

Emil DeLoreto (testator) died on January 3, 1966. He left a will dated March 26, 1964, and a codicil dated September 22, 1964.

The second paragraph of the will declares that the testator has three children, Emil F. DeLoreto, Lillis M. Gibson and James M. DeLoreto, and four grandchildren. The will does not name the grandchildren. The will creates a residuary trust under which the net income is paid to the testator’s children and to any grandchildren of a deceased child. The trust terminates when the youngest grandchild living at the testator’s death becomes or would become 21 years of age.…

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