Holland v. McCarthy

177 Cal. 507 ·

Supreme Court of California · Filed February 16, 1918

Published · citable Cited by 3

Holding

The court held that an heir at law lacks the legal capacity to maintain an action to recover or quiet title to the personal property of an intestate decedent, as such a right is vested exclusively in the estate's qualified personal representative, absent special circumstances constituting an exception to this rule.

Statutes construed

CIV § 1383

Cited by (3)

FRANK FAIAS, as Guardian, etc., Petitioner, v. SUPERIOR COURT OF ALAMEDA COUNTY, Respondent (1933) 133 Cal. App. 525
JOHN M. BOHN et al., Plaintiffs and Appellants, v. CHRISTINE M. SMITH, Defendant and Respondent (1967) 252 Cal. App. 2d 678
VERGIE M. OLSON et al., Plaintiffs and Appellants, v. JOANN STEEVES TOY, as Trustee, etc., et al., Defendants and Respondents (1996) 46 Cal. App. 4th 818