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transfer of property that is intended to qualify for the
marital deduction." Mrs. Rapp's petition relies upon
section 15403 of the California Probate Code, which permits
modification or termination of a trust upon consent of
all beneficiaries, and section 15409(a) of the California
Probate Code (West 1991), which permits modification or
termination of a trust to account for changed
circumstances.
A hearing on Mrs. Rapp's petition was set for
September 29, 1988, and Mrs. Rapp served a copy of her
petition and a copy of the notice of hearing on the
decedent's sons, both in their capacity as cotrustees and
as beneficiaries, on Mr. David Rapp's two minor children,
and on Mr. Clark. On or about September 28, 1988, the
probate court appointed Matthew S. Rae, Esquire, as
guardian ad litem for the minor children of Mr. David Rapp,
who were contingent remaindermen under the will, and for
the unborn, unknown, and/or unascertained lawful issue of
the decedent's two sons.
In advance of the hearing on Mrs. Rapp's petition,
Mr. Richard Rapp made a survey of his father's friends and
associates to determine the decedent's intent at the time
his 1986 will was executed. He also caused a search to be
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