In the Matter of the Estate of ELIZABETH AUGUSTA BIXLER, Deceased. A. M. BIXLER et al., Petitioners and Appellants; SAMUEL PLUMLEY HAMILTON et al., etc., Opponents and Respondents
194 Cal. 585 ·
Supreme Court of California · Filed
Published · citable
Cited by 4
Holding
The court held that a petition to revoke probate on grounds of undue influence, which alleged that a beneficiary had substituted his will for that of the testatrix through a relationship of trust and control, stated ultimate facts sufficient to constitute a cause of action and survive a motion for judgment on the pleadings.
Statutes construed
- CIV ยง 1386
Cited by (4)
- Estate of EARL H. ARCHER, Deceased. DONALD BELCHER et al., Petitioners and Respondents, v. BERENICE E. MOISES, Contestant and Appellant (1987) 193 Cal. App. 3d 238
- ESTATE OF MARGARET H. LIND, Deceased. GEORGE M. STEPHENSON, as Special Administrator, etc. Petitioner and Respondent, v. WARREN H. HAUGHEY, Contestant and Appellant; RICHARD BILLINGHURST et al., Claimants and Respondents (1989) 209 Cal. App. 3d 1424
- SUSAN D. LINTZ et al., Plaintiffs and Respondents, v. LOIS LYNNE LINTZ, Defendant and Appellant (2014) 222 Cal. App. 4th 1346
- Estate of ELIZABETH J. BLUME, Deceased. AUGUSTA AUSTIN et al., Claimants and Respondents, v. THE PEOPLE, Objector and Appellant (1966) 241 Cal. App. 2d 496