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Frahm v. Applebaum
Appellants Jacqueline Frahm, as trustee of the J and L Living Trust, and George Applebaum, as trustee; Rogers, Clem & Company, as named successor trustee; and David Couch as named successor trustee of the Louis Herman Frahm and Sylvia Lee Frahm Living Trust appeal from an order pursuant to Probate Code section 21320 ruling that respondent Christopher Frahms proposed petition for breach of fiduciary duty did not violate the no contest clauses contained in two separate trusts. Court affirm. The trial court properly determined that the proposed petition alleging the improper appointment of a trustee and the wrongful transfer of trust assets did not constitute a prohibited contest under the no contest clauses.

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