Bales v. Superior Court
21 Cal. 2d 17 ·
Supreme Court of California · Filed
Published · citable
Cited by 3
Holding
The court held that a probate court's general order of default entered against all non-appearing claimants in a proceeding to determine heirship is an act in excess of its statutory power and thus not binding on a claimant who had not yet appeared, and that such a claimant has an absolute statutory right under Probate Code sections 1080–1082 to file a statement of heirship and have the merits of her claim determined by a jury.
Cited by (3)
- WILLIAM W. BODINE, JR., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; VAN NESS HOW BATES et al., Real Parties in Interest (1962) 209 Cal. App. 2d 354
- Estate of GEORGE C. BRISSEL, Deceased; EWING M. LINGLE, Claimant and Appellant, v. THE NATIONAL FOUNDATION, Claimant and Respondent (1963) 218 Cal. App. 2d 841
- ESTATE OF Lieselotte A. HERZOG, Deceased. Kemp & Associates, Petitioner and Appellant, v. Winnfred Herzog, Objector and Respondent. (2019) 245 Cal. Rptr. 3d 498