Conservatorship of the Person and Estate of Rex Martin
The court held that the probate court's removal of Walter Martin as trustee of the Gesner L. Martin Trust was proper because the earlier appeal of a non-appealable order did not stay the underlying probate proceeding, the appellate record contained no evidence of abuse of discretion or a lack of substantial evidence supporting the trial court's factual findings, and thus the.
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 appellate record contains no evidence showing an abuse of discretion or lack of substantial evidence supporting the trial court’s factual findings. Accordingly, the appellate court affirms the trustee‑removal order and the appointment of Chevon Martin Robinson as successor trustee. This decision reinforces that California probate courts may remove a trustee sua sponte and that an appeal from a non‑appealable order does not automatically stay subsequent probate actions, placing the burden on the appellant to produce a evidentiary record to overturn such orders.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.