189 Cal. App. 4th 1200
Cal. Ct. App.2010Background
- Charles and Serena Papaz created the Papaz Family Trust in 1966.
- Christopher fathered Jonathan Carrano out of wedlock; others include Christopher Brewington and Robert Goerss.
- The trust was amended in 1988 (Eighth Amendment) to define 'issue' as lineal descendants and to allow income but not assets to Christopher’s issue.
- A 1991 ninth amendment further defined 'issue' to exclude those adopted into or out of the bloodline; last amendment was in 2004 with no change to 'issue'.
- In 2007 Christopher died; Jonathan began asserting he is Christopher’s issue; Charles was ill but acknowledged Jonathan’s presence in discussions.
- The trial court found Jonathan not a child of Christopher, citing the trust’s lack of explicit guidance for out-of-wedlock birth; court used extrinsic evidence to infer intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'issue' includes Jonathan Carrano | Trustee argues 'issue' is defined and excludes Jonathan; no latent ambiguity. | Jonathan argues 'issue' unambiguously includes him as Christopher's lineal descendant. | Yes; 'issue' is unambiguous and includes Jonathan. |
Key Cases Cited
- Estate of Russell, 69 Cal.2d 200 (Cal. 1968) (interpret wills to reflect testator's intent; extrinsic evidence for ambiguities only)
- Estate of Dominici, 151 Cal. 181 (Cal. 1907) (extrinsic evidence allowed to resolve discrepancy between name and description)
- Newman v. Wells Fargo Bank, 14 Cal.4th 126 (Cal. 1996) (defines 'issue' ambiguity and applicable law considerations)
- Estate of Casey, 128 Cal.App.3d 867 (Cal. App. 1982) (extrinsic evidence cannot substitute for missing dispositive language)
- Estate of Dye, 92 Cal.App.4th 966 (Cal. App. 2001) (no latent ambiguity where term not undefined; look to defined terms)