Warren v. Samaha CA4/1
In this probate case, which was decided by way of a reference under Code of Civil Procedure section 638, the referee ordered that a trust be reformed. Although an amendment to the trust written by the settlors, a husband and wife, arguably named two of the husband's children as trustees only, the referee determined that extrinsic evidence offered by the children established that, by way of the amendment, the settlors intended that the children take the husband's portion of the trust's assets.
The prior beneficiary under the trust, a niece of the wife, opposed the children's interpretation of the amendment and on appeal challenges the referee's order reforming the trust on a number of grounds. As we explain more fully below, we reject the niece's contentions and affirm the judgment reforming the trust.
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