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Estate of Dixon

Estate of Dixon
08:30:2006

Estate of Dixon



Filed 8/15/06 Estate of Dixon CA2/8









NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION EIGHT














Estate of ELIZABETH L. DIXON, Deceased.



B185774


(Los Angeles County


Super. Ct. No. BP091243)



ZETTORIA DIXON,


Petitioner and Respondent,


v.


ANTOINETTE DIXON,


Objector and Appellant.




APPEAL from an order of the Superior Court of Los Angeles County,


Brenda J. Penny, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.


Pray, Price, Williams & Russell and David M. Price for Objector and Appellant.


Bloom & Ruttenberg, Gary M. Ruttenberg and Cynthia L. Miller for Petitioner and Respondent.


In this appeal, we follow Estate of Rossi (2006) 138 Cal.App. 4th 1325 and hold that, under Probate Code[1] section 21305, the amendment to a trust is subject to challenge even though the trust contains a no contest clause. We affirm the trial court's order.


FACTUAL AND PROCEDURAL BACKGROUND


On October 14, 2004, Elizabeth L. Dixon created the Elizabeth L. Dixon Trust (Trust). She named herself as Trustor and her two daughters Zettoria R. Dixon-Ashley and Antoinette Dixon as beneficiaries. Zettoria was the first successor trustee and Antoinette the second. The Trust provided that, upon the death of the Trustor, â€





Description The amendment to a trust is subject to challenge even though the trust contains a no contest clause. Court affirm the trial court's order.
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