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Estate of Gordon

Estate of Gordon
06:14:2006

Estate of Gordon


Estate of Gordon


Filed 5/17/06  Estate of Gordon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 LORETTA FAY GORDON, Deceased.


JACK CAIN et al.,


                                   Appellants,


            v.


HOLY REDEEMER CATHOLIC CHURCH,


                                    Respondent.



      B176669


      (Los Angeles County


      Super. Ct. No. EP000181)



            APPEAL from the judgment of the Superior Court of Los Angeles County.  C.  Edward Simpson, Judge.  Reversed.


            Thomas J. Jeffers, Jr., for Appellants.


            O'Neill, Huxtable & Abelson, Mary L. O'Neill;  Magdalen & Wenker and Randall  W. Wenker for Respondent.


________________________


            This appeal arises from a dispute between the trustees and the beneficiary of the Loretta Fay Gordon Trust.  The beneficiary of the trust, respondent Holy Redeemer Church (the church), petitioned the court for an order directing the trustees, appellants Jack Cain and Eva A. Jeffers (the trustees) to distribute $300,000 from trust principal to the church to pay a portion of the costs associated with construction of a new church building.  Judgment was entered in favor of the church, and the trustees appeal.  We reverse.


FACTUAL AND PROCEDURAL BACKGROUND


            On November 13, 1989, Lorretta Fay Gordon executed a Last Will and Testament (the will).  The will was drafted for Gordon by appellant Jeffers, an attorney and friend of Gordon's.  The will nominated Jeffers as executrix of Gordon's estate and directed that Gordon's cousin, appellant Cain, act as Jeffer's paid consultant.


            Article 10 of the will reads:  â€





Description A decision regarding an order directing the trustees, to distribute $300,000 from trust principal to the church to pay a portion of the costs associated with construction of a new church building.
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