Filed 5/22/06

CERTIFIED FOR PUBLICATION

COPY

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

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THE COURT:

     It is ordered that the opinion filed herein on April 27, 2006, be modified as follows:

     On page 20, the last sentence of the first full paragraph which begins “Subdivision (c) merely clarifies that a codicil or amendment . . . “ is DELETED and REPLACED with the following language:  “Subdivision (c) merely clarifies that a testator or settlor with a post-200l will or trust that already contains a no contest clause that meets subdivision (a)’s specificity requirements need not repeat the no contest clause in a codicil or amendment in order to have the no contest clause apply to the will or trust.” 

     Andrew J. Rossi, Jr.’s petition for rehearing is denied.  This modification does not constitute a change in the judgment.

BY THE COURT:

     BLEASE              , Acting P.J.

     MORRISON            , J.

     CANTIL              , J.