Estate of JOSEPH VINCENT de LAVEAGA, Deceased. JUANITA VALERIE de LAVEAGA SOMAVIA, as Remainderman-Beneficiary, etc., Appellant, v. MARGARET BROYER BETTS, as Executrix, etc., Respondent

50 Cal. 2d 480 ·

Supreme Court of California · Filed June 6, 1958

Published · citable Cited by 6

Holding

The court held that a life tenant’s estate was not precluded by res judicata or the statute of limitations from claiming a share of probate income that had been wrongfully withheld and administered as trust corpus, but that the trustee was entitled to a credit for all income actually earned on that principal and paid to the life tenant, rather than a statutory interest award that would result in a double recovery.

Statutes construed

CIV § 3281
CIV § 3294

Cited by (6)

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 ANNE McNALLY LIDDLE, Deceased. JAMES W. HARVEY, as Administrator, etc., et al., Appellants, v. JOHN F. P. BYRNE et al., Respondents (1958) 162 Cal. App. 2d 7
GORDON LAZZARONE, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent (1986) 181 Cal. App. 3d 581
Estate of FREDERICK H. FREMAN, Deceased. SARA McCLURE FREMAN, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent (1960) 185 Cal. App. 2d 527
EVA DI GRAZIA, Plaintiff and Appellant, v. PHILIP ANDERLINI, Defendant and Appellant (1994) 22 Cal. App. 4th 1337
Estate of BERTHA VAN RIPER OVERBURY, Deceased. CITIZENS COMMERCIAL TRUST AND SAVINGS BANK OF PASADENA, as Trustee, etc., Petitioner and Respondent, v. ARTHUR HARVEY VARNEY, a Minor, etc., et al., Objectors and Appellants; LEWIS CLINTON KENNON, Objector and Respondent (1966) 243 Cal. App. 2d 193