Neel v. Barnard
24 Cal. 2d 406 ·
Supreme Court of California · Filed
Published · citable
Cited by 6
Holding
The court held that a claim filed against a decedent’s estate, which was based solely on a trustee’s alleged mismanagement and failure to account, did not encompass a new and distinct theory of liability for repudiation and conversion of the trust property, and that the plaintiffs were therefore barred from asserting that theory at trial.
Statutes construed
- CIV § 2269
- CIV § 852
- PROB § 709
Cited by (6)
- MELINDA PENNY et al., Plaintiffs and Appellants, v. KRISTIN ELAINE WILSON, as Trustee, etc., Defendant and Respondent (2004) 123 Cal. App. 4th 596
- ALMA L. PELSER, Respondent, v. LOU REIDA PELSER, as Administratrix, etc., Appellant (1960) 177 Cal. App. 2d 228
- 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
- GORDON LAZZARONE, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent (1986) 181 Cal. App. 3d 581
- 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