Barjona S. Meek and Roberta Meek - Page 7

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               Section 15200 of the California Probate Code provides in               
          part:                                                                       
                    Subject to other provisions of this chapter, a                    
               trust may be created by any of the following methods:                  
                              *   *   *   *   *   *   *                               
                    (b) A transfer of property by the owner during the                
               owner's lifetime to another person as trustee. [Cal.                   
               Prob. Code sec. 15200 (West 1991).]                                    
               The California Probate Code further provides:  "A trust is             
          created only if there is trust property."  Cal. Prob. Code sec.             
          15202 (West 1991); see also Restatement, Trusts 2d, sec. 74                 
          (1959).  There is no dispute as to the other requirements for the           
          creation of a trust.4                                                       
               Where the instrument is other than a will, there is no trust           
          until property is transferred to the trustee.  Cohen v. Myers, 86           
          Cal. Rptr. 456, 458 (Ct. App. 1970); Monell v. College of                   
          Physicians and Surgeons, 17 Cal. Rptr. 744, 751 (Dist. Ct. App.             
          1962).  We do not disagree with petitioners' contention that the            
          trust document in and of itself did not create the trust in the             
          absence of a transfer of property.  Cal. Prob. Code sec. 15202              
          (West 1991).  Nor do we disagree with their assertion that the              
          purchase agreement standing alone did not create the trust                  

          4  The other requirements for the creation of a trust are: (1) An           
          intent to create a trust by the settlor; (2) a trust purpose; and           
          (3) an identifiable beneficiary.  Cal. Prob. Code secs. 15201-              
          15205 (West 1991); see Chang v. Redding Bank of Commerce, 35 Cal.           
          Rptr. 2d 64, 70 (Ct. App. 1994).                                            




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