Trusts & Estates Bulletin

A Compendium of Recent Cases

 Brought to you by LACBA's Trusts & Estates Section   *  Volume 1, Number 3   *   July, 2005  *  Contact Us  *  Join the T & E Section  *  Archived Issues


Trusts & Estates Bulletin is published monthly by the Trusts & Estates Section of the Los Angeles County Bar Association (LACBA).

David C. Nelson,
Loeb & Loeb LLP, Editor

(Cases appear in chronological order, with the oldest cases appearing first.) 

-Business and Corporations Law-
Trial court has broad discretion in determining whether to permit disinterment under Health and Safety Code Sec. 7526, with presumption being against disinterment over objections of cemetery, even if request is by next of kin. Trial court did not abuse discretion when it denied decedentís husbandís petition to authorize disinterment of remains so that they could be cremated for eventual placement in crypt with remains of husband and his second wife. Length of time since burial, fact that husband did not object to burial plans at time of death, objection of decedentís brother, and likelihood that decedent would not have wanted her ashes to share crypt with those of her husbandís second wife were all properly considered.
Maffei v. Woodlawn Memorial Park - filed June 10, 2005, First District, Div. Three
Cite as 2005 SOS 2822
Full text

-Trusts and Estates-
Plaintiff, a foundation alleging that defendant accepted a gift pursuant to a written agreement requiring that the money be returned to donor if recipient "does not meet the terms and conditions of this agreement," and subsequently failed to meet such terms and conditions, adequately pled a claim for breach of contract based on violation of a condition subsequent. Donor who makes a conditional gift may sue to enforce the terms, regardless of whether agreement is construed as creating a contract or a charitable trust, since attorney generalís power to sue on behalf of charitable trusts is not exclusive.
L. B. Research and Education Foundation v. UCLA Foundation - filed June 14, 2005, Second District, Div. One
Cite as 2005 SOS 2872
Full text