Estate of ANGELA L. MARRÉ, Deceased; STEPHEN MILTON PIUMA, Respondent, v. HENRY L. MINETTI et al., Trustees, etc., Appellants

18 Cal. 2d 184 ·

Supreme Court of California · Filed June 27, 1941

Published · citable Cited by 12

Holding

The court held that a superior court sitting in probate has jurisdiction under Probate Code section 1120 to hear a petition from a trust beneficiary, and that a testamentary trust established for the support and maintenance of a minor beneficiary is presumed to accrue from the date of the testator’s death, absent a contrary intent.

Statutes construed

PROB § 103
PROB § 1120
PROB § 161
PROB § 162
PROB § 163

Cited by (12)

VENTURA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Plaintiff and Respondent v. JEFFREY C. BROWN, as Trustee, etc., Defendant and Appellant; STEPHANIE SOLACE, Plaintiff and Respondent, v. KENNETH NOEL MARINOS, Defendant (2004) 117 Cal. App. 4th 144
Estate of FRED H. BIXBY, Deceased. FRED H. BIXBY, JR., Appellant, v. ALLEN L. CHICKERING et al., Respondents (1958) 158 Cal. App. 2d 351
Estate of JANE C. NIELSEN, Deceased. EMIL H. NIELSEN, as Executor, etc., Respondent, v. ELINOR H. HANNAFORD, Appellant (1959) 169 Cal. App. 2d 297
Estate of WILLIAM NICHOLAS, Deceased. DONALD F. LINSTEADT, as Successor Trustee, etc., Petitioner and Respondent, v. NICOLI G. NICHOLAS, Objector and Appellant; MARIA NICHOLAS KELLY et al., Claimants and Respondents (1986) 177 Cal. App. 3d 1071
Estate of SARAH JANE MULLINS, Deceased. MICHAEL H. SKIBINSKI, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent (1961) 190 Cal. App. 2d 413
Estate of LAURA NORTON BROWN, Deceased; FIRST WESTERN BANK AND TRUST COMPANY, as Trustee, etc., Petitioner, v. BEVERLY BROWN, Individually and as Guardian ad Litem, etc., et al., Objectors and Appellants; DOUGLAS BROWN et al., Claimants and Respondents (1962) 199 Cal. App. 2d 274
WELLS FARGO BANK, as Trustee, etc., Petitioner and Respondent, v. DONNA MARSHALL, Claimant and Appellant; ALISA MARSHALL, Claimant and Respondent (1993) 20 Cal. App. 4th 447
Estate of CHARLES F. TRAUNG, Deceased. WELLS FARGO BANK AMERICAN TRUST COMPANY et al., as Trustees, etc., Petitioners and Appellants, v. ROBERT H. BAXTER, as Guardian, etc., Objector and Respondent (1962) 207 Cal. App. 2d 818
Melodie Z. SCOTT, as Trustee, etc., Plaintiff and Appellant, v. A'Yana MCDONALD, Defendant and Respondent. (2018) 237 Cal. Rptr. 3d 137
Estate of MARGARET S. BULLOCK, Deceased; MARY MARGARET FEWEL SMITH et al., Plaintiffs and Appellants, v. M. BRUCE GILREATH, as Trustee, etc., Defendant and Respondent; MARY MARGARET FEWEL SMITH et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; M. BRUCE GILREATH, as Trustee, etc., Real Party in Interest (1968) 264 Cal. App. 2d 197
NORMAN ELLIOTT, as Special Administrator, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SECURITY-FIRST NATIONAL BANK, as Trustee, et al., Real Parties in Interest (1968) 265 Cal. App. 2d 825
Estate of ISABELLA J. SCHIFFMANN, Deceased. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, as Executor, etc., Petitioner and Respondent, v. R. J. SCHIFFMANN, Appellant; RUDOLPH JACQUES SCHIFFMANN et al., Legatees and Respondents (1948) 86 Cal. App. 2d 638