Estate of HERBERT R. MACMILLAN, Deceased. R. S. MACMILLAN et al., Appellants, v. ALICE M. DOCKWEILER et al., Respondents
43 Cal. 2d 437 ·
Supreme Court of California · Filed
Published · citable
Cited by 2
Holding
The court held that the probate court erred in both disinheriting an heir by treating estate income as a "loan" from the other heirs and in surcharging the administrator’s account for an alleged tax liability arising from the trustee’s conduct, as neither conclusion was supported by the evidence or the applicable law of estate administration.
Statutes construed
- PROB § 300
- PROB § 900
- PROB § 920
Cited by (2)
- Estate of RAYMOND H. LUKE, Deceased. CYNTHIA MAGGIO, Petitioner and Appellant, v. VERA LaVAUN VAHLDIECK, as Acting Administrator, etc., Claimant and Appellant (1987) 194 Cal. App. 3d 1006
- ESTATE OF MAY BARRETT MULLINS, Deceased. MARY CARTER HAWLEY et al., Petitioners and Appellants, v. JOHN McSWEENEY, as Trustee, etc., Objector and Respondent (1988) 206 Cal. App. 3d 924