Estate of JAMES E. READE, Deceased. DOROTHY QUEIROLO, Respondent, v. OLIVE HELEN RUHLAND, Individually and as Administratrix, etc., Appellant
31 Cal. 2d 669 ·
Supreme Court of California · Filed
Published · citable
Cited by 7
Holding
The court held that a death benefit payment designated to a beneficiary "as executrix of my will" was an asset of the estate, not the individual, and that the probate court possessed the equitable authority to award attorney fees from the preserved fund to the objecting heir whose successful contest benefited all distributees.
Statutes construed
- PROB ยง 927
Cited by (7)
- Estate of G. F. WILLIAMSON, Deceased. ESTHER LICHTENFELD, Appellant, v. LLOYD A. FREDERICK et al., Respondents (1957) 150 Cal. App. 2d 334
- Estate of WILLIAM STEVENS HEIGHO, Deceased. ROBERT J. BIERSCHBACH, Appellant, v. BARBARA B. HEIGHO, Respondent (1960) 186 Cal. App. 2d 360
- Estate of HANS BARTSCH, Deceased. ARDNT PELTNER, as Executor, etc., Petitioner and Respondent, v. NORMAN BARTSCH HERTERICH, Objector and Appellant (2011) 193 Cal. App. 4th 885
- Estate of HAZEL S. LAGERSEN, Deceased; WILLIAM H. McPHERSON, Petitioner and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Objectors and Respondents (1962) 210 Cal. App. 2d 788
- Don SMITH, Jr., Plaintiff and Respondent, v. Joann SZEYLLER, Individually and as Trustee, etc., et al., Defendants and Respondents; Samuel Wachtor, as Personal Representative, etc., Objector and Appellant. Joann Szeyller, as Trustee, etc., Plaintiff and Respondent, v. Don Smith, Jr., et al., Defendants and Respondents; Samuel Wachtor, as Personal Representative, etc., Defendant and Appellant. Don Smith, Jr., Plaintiff and Respondent, v. Joann Szeyller, Individually and as Trustee, etc., et al., Defendants and Respondents; Samuel Wachtor, as Personal Representative, etc., Defendant and Appellant. (2019) 242 Cal. Rptr. 3d 585
- Estate of PAUL ROSCELLI, Deceased. LENA MAHAN, as Administratrix, etc., Petitioner and Respondent, v. JOHN GHIORSO et al., Objectors and Appellants (1966) 245 Cal. App. 2d 188
- Estate of KATE MOORE, Deceased. EUGENE P. MATHIAS et al., Petitioners and Respondents, v. BANK OF AMERICA, as Administrator, etc., Objector and Appellant (1968) 258 Cal. App. 2d 458