Hewett v. Linstead

49 Cal. App. 2d 607 ·

California Court of Appeal · Filed February 10, 1942

Published · citable Cited by 2

Holding

The court held that a final decree of distribution, procured after proper statutory notice and without extrinsic fraud, cannot be set aside or have a trust imposed upon its proceeds merely because an heir was omitted due to a mistake of fact, where the distributees acted in good faith and without knowledge of the omitted heir's existence.

Cited by (2)

GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent (1961) 192 Cal. App. 2d 105
Estate of JOHN JAMES McGUIGAN, Deceased. JUDITH A. DESMOND, Petitioner and Respondent, v. KATHLEEN CONNELL, as State Controller, etc., Claimant; LINDA GEITNER, Movant and Appellant (2000) 83 Cal. App. 4th 639