Conservatorship of the Person and Estate of Rex Martin
The court held that the probate court's removal of Walter Martin as trustee was valid because the earlier appeal of a non-appealable order did not stay the underlying probate proceeding and because the trial court's factual findings are presumed supported by substantial evidence and not an abuse of discretion, thereby affirming the appointment of Chevon Martin Robinson as successor trustee and clarifying that pending appeals of unappealable.
Date Filed: August 25, 2025
Case Name: Conservatorship of the Person and Estate of Rex Martin
Case Number: B335353
Court: California Court of Appeal, Second Appellate District, Division Two
The court holds that the probate court’s removal of Walter Martin as trustee of the Gesner L. Martin Trust is valid because the earlier, non‑appealable appeal did not stay the underlying probate proceeding, and the trial court’s factual findings are presumed supported by substantial evidence and not an abuse of discretion. Accordingly, the appellate court affirms the order appointing Chevon Martin Robinson as successor trustee. This decision clarifies that a pending appeal of an unappealable order does not halt further probate actions and that trustee‑removal orders are reviewed only for abuse of discretion, reinforcing the probate court’s authority to intervene when a trustee is alleged to have breached fiduciary duties.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.