King v. Larsen Realty Inc‪.‬

Helen K. Copley and Joseph P. Kinney, individually and as co-trustees of two trusts (designated the marital trust and the nonmarital trust) created by the late James S. Copley, brought the original action (super. ct. No. 381314) in declaratory relief to determine the propriety of their action as trustees in selling certain of the nonmarital trusts shares of stock of The Copley Press, Inc. to the corporation. They also sought substantially the same relief in a separate proceeding under Probate Code section 1138.1 (super. ct. No. 111584 consolidated with 115984). Michael Copley and Janice Copley, beneficiaries under the nonmarital trust, moved to dismiss the probate petition. The motion was denied, and on appeal to this court we reversed the order with directions to consolidate the Probate Code section 1138.1 proceeding with the declaratory relief action and cross-actions and to try the latter action first (Copley v. Copley (1978) 80 Cal. App. 3d 97, 109-110 [145 Cal. Rptr. 437]).