Kaye v. Murray
Petitioner and appellant Dale Kaye (Dale), as a successor co-trustee of a trust established by his late parents (the trust), filed this petition under Probate Code[1]section 17200, to seek instructions regarding enforcement of the trust's no contest clause against his sister Karen Murray, who is also a successor co-trustee (Karen). At that time, the parties had entered into a stipulation, approved by the probate court, providing that both Dale and Karen were the successor co-trustees of the Trust. After demurrer proceedings and the amendment of the petition, Karen brought another demurrer that was sustained without leave to amend, for failure to state a cause of action. Dale appeals, contending that the probate court erroneously refused to allow further proceedings to construe the language of the no contest clause, by taking extrinsic evidence about the intent of the trustor. Dale also contends that the probate court misinterpreted his allegations in support of his claim that Karen should be disinherited for certain actions that he believes amounted to contesting the trust.
On de novo review of the ruling on demurrer, we agree with the probate court that the amended petition, as a matter of law, fails to allege facts sufficient to state any cause of action for seeking legitimate instructions under the trust. ( 17200.) The demurrer was properly sustained without leave to amend.
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