Binswanger v. Garaventa CA1/5
Respondent Louisa V. Binswanger (Louisa) is the trustee of her mother’s trust, the Garaventa Family Marital Trust (Trust). The Trust names as beneficiaries, among others, Louisa and her four siblings. Louisa sought a determination from the trial court regarding the enforceability of Instructions to the Trustee (Instructions) executed by her mother, Mary C. Garaventa (Mary). Among other things, the Instructions sought to require Mary’s children to indemnify each other, as well as Louisa in her capacity as trustee, for all trust-related claims. Louisa’s sister, appellant Linda Ann Garaventa Colvis (Linda) appeals from the trial court’s order invalidating the Instructions on the basis that the document immunized the trustee from claims more broadly than permitted under California law. Linda contends the court erred in failing to sever the portion of the Instructions regarding claims against the trustee from the remainder of the provision. We reject the claim.
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