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
175 Cal. App. 2d 698 · 23643
California Court of Appeal · Filed
Holding
The court held that a final, unappealed order in a probate heirship proceeding is conclusive and may not be amended nunc pro tunc to correct a perceived judicial error regarding the character of estate property, as such an amendment exceeds the limited statutory power to make a clerical correction to the record.
Statutes construed
- PROB § 1080
- PROB § 1081
- PROB § 228
Cited by (2)
- 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
Authorities cited (5)
- Estate of CHARLES A. TORRANCE, Deceased. MARION BURKETT et al., Appellants, v. JAMES P. DALTON, as Scout Master, etc., et al., Respondents 154 Cal.App.2d 350
- Estate of ANN SEDDON RAWNSLEY, Deceased. JAMES RAWNSLEY, Appellant, v. ANN SEDDON DEMPSTER, Respondent 106 Cal.App.2d 500
- Estate of MORRIS BUCKHANTZ, Deceased. FRIEDA DAVIDSON et al., Appellants, v. UNION BANK AND TRUST COMPANY OF LOS ANGELES, as Executor, etc., et al., Respondents 159 Cal.App.2d 635
- Estate of JACK R. RADOVICH, Deceased. ROBERT C. KIRKWOOD, as State Controller, Appellant, v. CITIZENS NATIONAL TRUST AND SAVINGS BANK OF LOS ANGELES et al., Respondents 48 Cal.2d 116
- 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