Cumming v. Cumming CA4/2
Steven Robertson Cumming appeals a judgment arising from disputes with his siblings, William Henry Cumming and Janet Anne Cumming, concerning his actions as trustee of a family trust and as the caretaker of their mother, the trustor, during several years immediately preceding her death. Steven asserts that he had a right to a jury trial, that the court failed to provide an adequate statement of decision, that the evidence was insufficient to justify the decision, and that the judgment is contrary to law.
Although Steven has not met his burden to demonstrate prejudicial error as to the majority of his contentions, we conclude that he has met that burden with respect to the trial court’s erroneous application of Probate Code section 259, deeming Steven to have predeceased his mother for purposes of his right to benefit from her estate. Accordingly, we will reverse the judgment in part.
Comments on Cumming v. Cumming CA4/2