Swift v. Superior Court
39 Cal. 2d 358 ·
Supreme Court of California · Filed
Published · citable
Cited by 4
Holding
The court held that a written opposition filed in response to a petition for probate of a lost or destroyed will constitutes a will contest under Probate Code section 370, entitling the proponent to a jury trial on all issues of fact affecting the will's validity as guaranteed by Probate Code section 371.
Statutes construed
- PROB § 301
- PROB § 327
- PROB § 350
- PROB § 351
- PROB § 352
- PROB § 370
- PROB § 371
Cited by (4)
- Estate of ALICE I. FULLER, Deceased. ELIZABETH FULLER PIERRONG, Appellant, v. ANTOINETTE FULLER McMUNN et al., Respondents (1956) 143 Cal. App. 2d 820
- Estate of STEFANO E. COSTA, Deceased. MARGARET O. COSTA, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent (1961) 191 Cal. App. 2d 515
- Estate of CHARLES MASROBIAN, Deceased. MANO MASROBIAN, Contestant and Appellant, v. AZNIV ATMAJIAN et al., Defendants and Appellants (1962) 207 Cal. App. 2d 133
- 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