Scichilone v. Duguay

Full title: EVELYN SCICHILONE et al., Plaintiffs and Respondents, v. RONALD DUGUAY…

Court: California Court of Appeals, Fourth District, First Division

Date published: Jun 22, 2011

No. D057435 (Cal. Ct. App. Jun. 22, 2011)

Opinion

EVELYN SCICHILONE et al., Plaintiffs and Respondents, v. RONALD DUGUAY, Defendant and Appellant. D057435 California Court of Appeal, Fourth District, First Division June 22, 2011

NOT TO BE PUBLISHED

Super. Ct. No. 37-2009-00150382-PR-TR-NC

ORDER MODIFYING OPINION

McCONNELL, P. J.

THE COURT:

It is ordered that the opinion filed herein on May 23, 2011, be modified as follows:

1. On page 1, in the second sentence of the first full paragraph, the name "Yvonne Hart" is removed. The spelling of the name "Evelyn Hart Scichilone" is corrected so that the sentence now reads:

Following Charlotte's death in January 2009, her daughters from a prior marriage, Evelyn Hart Scichilone and Cynthia Hart (the daughters), successfully petitioned the trial court to compel an accounting from Duguay.

2. On page 2, the spelling of the name "Evelyn Hart Scichilone" is corrected throughout footnote 1, so that the footnote now reads:

Specifically, section 3.03 of the trust states: "Trustee shall determine whether the husband desires to (and is able to) buy the Deceased Settlor's one-half interest in the principal residence. The price for this one-half interest will be one-half of the residence's fair market value on the date of wife's death plus [$50,000]. If the husband is able and willing to buy the wife's interest in the residence, the purchase price in cash shall be distributed as soon as possible to wife's children, YVONNE M. HART, CYNTHIA A. HART and EVELYN HART SCICHILONE, equally, per stirpes. If the husband is unable or unwilling to buy the wife's interest in the residence, the husband shall be allowed to live in the house rent-free for a maximum of [five] years beginning on the wife's date of death on the condition that he pay all liens, maintenance, taxes, fees, assessments and dues pertaining to the property when due. The Trustee shall record a deed making wife's children, YVONNE M. HART, CYNTHIA A. HART and EVELYN HART SCICHILONE, be recorded [sic]. After the five years have run (or sooner if the husband is agreeable or no longer resides in the house), the entire house shall be sold. Husband (or his estate) shall receive one-half of the net sales price minus [$50,000] and the interest as provided in the note. The remainder of the proceeds shall be distributed to YVONNE M. HART, CYNTHIA A. HART and EVELYN HART SCICHILONE, equally, per stirpes."

There is no change in the judgment.