Mark A. Filer and Julie J. Filer - Page 9

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          distribution under the terms of the annuity.  On brief,                     
          respondent further contends that Phyllis’s oral statement to                
          Julie did not create a trust.                                               
               Clearly, Phyllis’s naming of Julie as the successor owner of           
          the annuity constituted a nonprobate transfer of the annuity to             
          Julie.  See Cal. Prob. Code sec. 5000 (West 1991).  The question            
          thus presented is whether Julie received the distribution subject           
          to an oral trust to distribute the annuity proceeds to the                  
          children upon Phyllis’s death.                                              
               Under California law, it is well settled that a trust over             
          personal property may be created orally and established by parol            
          evidence.  Cal. Prob. Code sec. 15207 (West 1991);5 see Fahrney             
          v. Wilson, 4 Cal. Rept. 670, 672-673 (Dist. Ct. App. 1960).  The            
          essential elements of a trust, whether oral or written, under               
          California law are:  (1) A manifestation of an intention by the             
          settlor to create a trust; (2) a proper trust purpose; (3) trust            
          property;  and (4) an identifiable beneficiary.  Cal. Prob. Code            
          secs. 15201-15205 (West 1991).  A trust may be created by the               
          “transfer of property by the owner, by will or by other                     
          instrument taking effect upon the death of the owner, to another            


               5  As relevant herein, Cal. Prob. Code sec. 15207 (West                
          1991) provides:  (a)  An oral trust of property may be                      
          established only by clear and convincing evidence; and (b) the              
          oral declaration of the settlor, standing alone, is not                     
          sufficient evidence of the creation of a trust of personal                  
          property.                                                                   





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