ESTATE OF GUIDOTTI
109 Cal.Rptr.2d 674 (Cal. App. 2001)
NATURE OF THE CASE: Guidotti (W) appealed an order denying a petition to reform the will
of her deceased husband.
FACTS: Earl Guidotti (H) died. His will created a testamentary trust for the benefit of
W. The trust generally provided for W during her lifetime and upon her death, provided for
distribution to 'charitable 501 (c)(3) organizations' within the meaning of the Internal
Revenue Code. The trust granted Darlene the power to appoint the charitable beneficiaries.
The trust gave W the right to live in the family residence during her lifetime, rent-free.
In the event she moved from the residence or was absent for more than 60 continuous days,
without an intent to return, W forfeited the right to live in the residence. However, 'in
the event W should remarry, or, live with a man as though they were husband and wife, even
though not married, all income payments to her shall immediately stop. W's power to invade
principal, also ceased in the event of W's remarriage or cohabitation 'with a man as though
they were husband and wife, even though not married.' During the probate proceedings, W
expressly disclaimed any interest in the trust principal by filing a written disclaimer
pursuant to Probate Code section 275. W then filed a petition to reform the will in order to
meet the technical requirements of the Internal Revenue Code regarding the marital and
charitable deductions. W argued that the clause regarding her remarriage or cohabitation
with a man was void as a restraint on marriage. The probate court held the clause regarding
remarriage or cohabitation was not a restraint on marriage because it fell under the
exception of Civil Code section 710, 'where the intent was not to forbid marriage, but only
to give the use until marriage.' W appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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