Bauer v. Bauer
201 Cal. 267 ·
Supreme Court of California · Filed
Published · citable
Cited by 6
Holding
The court held that a superior court sitting in probate has jurisdiction to adjudicate a claim of title to property asserted by an executor in their individual capacity, when that claim is challenged in the context of settling the executor's final account, and that a separate civil action by legatees to establish a constructive trust over that same property is therefore improper.
Cited by (6)
- In the Matter of the Estate of BENIGNO BARREIRO, Deceased. MARIA TERESA BARREIRO et al., Respondents, v. BANK OF ITALY NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation), as Executor, etc., Appellant (1932) 125 Cal. App. 752
- In the Matter of the Estate of JOHN J. BRUCK, Deceased; CLARA BESSIE BRUCK, Appellant, v. ROBERT B. HENN, Respondent (1934) 140 Cal. App. 300
- Estate of DORIS BRADLEY STONE, Deceased. BYRON P. STONE, JR., Appellant, v. WILLIS S. SLUSSER, as Executor, etc., Respondent (1959) 170 Cal. App. 2d 533
- Estate of DICKSON A. BOYD, Deceased. ROBERT NEILSON BOYD, as Administrator, etc., Petitioner and Appellant, v. WINIFRED C. WOODRUFF, Objector and Respondent (1963) 212 Cal. App. 2d 634
- Estate of PAUL MAJTAN, Deceased. NEWMAN LOUSARIAN, Plaintiff and Respondent, v. T. M. ROBINSON, JR., as Administrator, etc., Defendant and Appellant (1965) 237 Cal. App. 2d 7
- VARIAN E. SPENCER et al., Appellants, v. CROCKER FIRST NATIONAL BANK OF SAN FRANCISCO (a National Banking Association), as Executor, etc., Respondent (1948) 86 Cal. App. 2d 397