Estate of James G. Frazier, Deceased, James G. Frazier Jr., Executor - Page 15




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          decedent and FNF intended that the business be located                      
          permanently on the leased premises.  There is no evidence that              
          the improvements were intended to be transitory or temporary.               
               Further, we find that these improvements became an integral            
          part of the premises because the improvements were being used for           
          a purpose instrumental to the premises’ purpose; i.e., to process           
          nuts.                                                                       
               By contrast, we hold that the fumigation chamber (5) and the           
          water tanks (6) are removable trade fixtures within the meaning             
          of California Code section 1019.  The fumigation chamber and the            
          water tanks are not affixed to the ground and could be easily               
          removed.  These improvements, by the manner they were placed on             
          the premises, were never intended to become part of the realty.             
          We do not find that these improvements became an integral part of           
          the premises.                                                               
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and, to the extent not herein            
          discussed, we find them to be irrelevant or without merit.                  
               To reflect the foregoing,                                              
                                                       Decision will be               
                                                  entered under Rule 155.             











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