Quigley v. Toler
Robert and Helene Quigley established a family trust providing that upon the surviving spouse's death, the trust assets would be distributed equally to their three adult children, Lawrence Quigley, Phillip Quigley and Clarice Dolly Toler (Dolly).[1] Several years after both parents died, the Brothers, who were the successor cotrustees, obtained a judgment that Dolly violated the trust's no contest clause and forfeited her one-third interest in the trust based on her answer to the Brothers' unlawful detainer complaint. Dolly appeals. Court reverse. The language of the no contest clause does not reflect an intent to disinherit a beneficiary based on the filing of this defensive pleading under the particular circumstances of this case.
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