Estate of IRA WISE, Deceased. JOHN E. LEWIS, as Administrator, etc., Appellant, v. FRED N. HOWSER, as State Attorney General, etc., Respondent
34 Cal. 2d 376 ·
Supreme Court of California · Filed
Published · citable
Cited by 10
Holding
The court held that a final decree determining heirship in a probate proceeding is a conclusive judgment in rem, binding upon the whole world, and is not subject to collateral attack on the grounds of alleged procedural irregularities or the death of a purported heir prior to the appointment of a legal representative.
Statutes construed
- PROB § 1080
- PROB § 1200
- PROB § 300
Cited by (10)
- Estate of BERNICE E. STODDART, Deceased. HELEN WILSON, Petitioner and Appellant, v. THOMAS J. HALL, as Executor, etc., et al., Objectors and Respondents; HELEN WILSON, Plaintiff and Appellant, v. THOMAS J. HALL, as Trustee, etc. Defendant and Respondent (2004) 115 Cal. App. 4th 1118
- SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant (2005) 129 Cal. App. 4th 672
- Estate of J. F. T. O'CONNOR, Deceased. MINNIE L. TREPANIER et al., Appellants, v. UNIVERSITY OF NORTH DAKOTA et al., Respondents (1958) 158 Cal. App. 2d 187
- Estate of PIERRE P. CLAEYSSENS, Deceased. NOELLE CLAEYSSENS BURKEY, as Executor, etc., Petitioner and Appellant, v. STATE OF CALIFORNIA et al., Objectors and Respondents (2008) 161 Cal. App. 4th 465
- Estate of EDNA WINNIE, Deceased. RICHARD PAUL VANCE HILL, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Administrator with the Will Annexed, et al., Respondents (1959) 175 Cal. App. 2d 698
- Estate of ROSA SCARLATA, Deceased. JOHN SCARLATA et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent (1961) 193 Cal. App. 2d 35
- 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 HARRY BERG, Deceased. MICHAEL WEINSTOCK, as Administrator, etc., Claimant and Appellant, v. LENA BERG, an Incompetent Person, etc., et al., Claimants and Respondents (1964) 225 Cal. App. 2d 423
- ESTATE OF Lieselotte A. HERZOG, Deceased. Kemp & Associates, Petitioner and Appellant, v. Winnfred Herzog, Objector and Respondent. (2019) 245 Cal. Rptr. 3d 498