Rosenauer v. Title Ins. & Trust Co

In Rosenauer v. Title Ins. & Trust Co. (1973) 30 Cal. App. 3d 300, the executor/beneficiary of a will sought to determine conflicting claims to the proceeds of decedent's revocable inter vivos trust. The trust agreement provided decedent/trustor could amend the agreement during her lifetime by delivering a written instrument to the trustee, defendant Title Insurance and Trust Company. The agreement also provided that decedent could exercise a power of appointment over the trust corpus by filing a written instrument, other than a will, with the trustee. Decedent's last will and testament included a clause revoking the trust. The trial court sustained a demurrer to plaintiff's first amended complaint and dismissed the action. The Second District Court of Appeal affirmed, holding the will did not satisfy the specific method for revocation of the trust. The court also held the will did not validly exercise the power of appointment because the trust agreement specifically forbade the use of a written will for that purpose.