Harkins v. Fielder
150 Cal. App. 2d 528 ·
California Court of Appeal · Filed
Published · citable
Cited by 3
Holding
The court held that a distributee of an estate who intentionally conceals the existence of other heirs from the probate court and his attorneys commits extrinsic fraud, warranting equitable intervention to impose a constructive trust on the wrongfully obtained property for the benefit of the defrauded heirs, and that such fraud is not negated by the distributee’s death or the subsequent probate of his own estate.
Statutes construed
- CCP § 1963
- CCP § 338
- CIV § 1572
- CIV § 1710
Cited by (3)
- Estate of JAMES H. GOODHEW, JR., Deceased. WILLIAM I. GOODHEW, Petitioner; JAMES HENRY GOODHEW III et al., Respondents, v. GENEVA S. GOODHEW, Appellant (1959) 174 Cal. App. 2d 75
- GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent (1961) 192 Cal. App. 2d 105
- Estate of JOHN JAMES McGUIGAN, Deceased. JUDITH A. DESMOND, Petitioner and Respondent, v. KATHLEEN CONNELL, as State Controller, etc., Claimant; LINDA GEITNER, Movant and Appellant (2000) 83 Cal. App. 4th 639