Jones v. Jones






Filed 11/22/10 Jones v. Jones CA4/3







NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

GILBERT WALTER JONES, Plaintiff and Respondent, v. ARDEN WATSON JONES, Defendant and Appellant.

G042549 (Super. Ct. No. A243371) O P I N I O N

Appeal from an order of the Superior Court of Orange County, Gerald G. Johnston, Judge. Affirmed.
Alex J. Llorente for Defendant and Appellant.
Douglas E. Godbe for Plaintiff and Respondent.

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Arden Watson Jones appeals from the probate court's order determining she is not a trustee of the James M. Jones 2002 Revocable Living Trust (trust). Specifically, she challenges the sufficiency of the evidence to support the trial court's finding that James M. Jones (James) signed a document authorizing her removal as successor trustee. For the reasons expressed below, we affirm the order.
I
Factual and Procedural Background
In October 2002, 88-year-old James created the trust. He appointed himself as initial trustee. He named 71-year-old Arden Watson Kenick (Arden), his future wife, to serve as trustee upon his death or incapacitation, and his son Gilbert Walter Jones (Gilbert) to serve if Arden was unable or unwilling to serve.[1] The trust provided James had the power during his lifetime to â€