Janni v. Collins CA4/1
Clifton Payne, Sr. (Clifton Sr.) had three children: appellant Cynthia Janni; Deborah Payne; and Clifton Payne, Jr. (Clifton Jr.). Clifton Sr. executed trust amendments that eventually disinherited Cynthia and Clifton Jr., and left the trust’s income to Deborah until the year 2037, at which time the trust residue would be distributed to Clifton Sr.’s longtime friend, Lorelai Howard. After Clifton Sr. died, and Deborah and Clifton Jr. died about one year later, Cynthia (as Deborah’s sole intestate heir) and Howard made competing claims of entitlement to the trust estate. The estate’s trustee, respondent Gloria Collins (Trustee), filed a petition seeking instruction from the probate court on how to resolve the competing claims. The probate court ruled that Clifton Sr.’s “clear . . . inten[t]” was for Howard to receive the entire trust estate immediately upon Deborah’s death, rather than waiting until 2037.
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