Hewitt v. Parks CA3
In this probate dispute, the primary issue is whether certain properties should be treated as part of the Mixed Doubles Trust (Doubles Trust), established by Robert and Shirley Hewitt. Their son Robbin Hewitt--who stood to gain from the Doubles Trust--sued his siblings (Adrianne Parks, Blythe Hewitt, and Robert R. Hewitt) and his brother-in-law (Tom Parks, Adrianne’s husband). Robbin claimed Shirley, who survived Robert for a time, improperly moved certain real properties into her own trust, the Test Family Trust (Test Trust), as to which Robbin has only a minor personalty interest (as he was to receive a ceramic plate and a Lladro figurine). The trial court took judicial notice of relevant recorded deeds and then sustained (without leave to amend) a demurrer filed by defendants Adrianne and Tom--a demurrer in effect joined by Blythe and Robert R.--on the ground that those real properties were never held by the Doubles Trust.
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