Estate of HARRY C. STAUFFER, Deceased. ANTHONY J. KENNEDY et al., Respondents, v. GLADYS WOLLENBERG, Appellant
53 Cal. 2d 124 ·
Supreme Court of California · Filed
Published · citable
Cited by 3
Holding
The court held that a probate court’s order requiring ratable apportionment of attorneys’ fees for extraordinary services across all beneficiaries of an estate, including intestate heirs, was erroneous; instead, such expenses must first be charged against the intestate portion of the residue in accordance with the statutory scheme of Probate Code section 750, which prioritizes carrying out the testator’s intent by preserving testamentary gifts whenever possible.
Statutes construed
- CCP § 1560
- CCP § 1562
- CIV § 1359
- PROB § 2
- PROB § 465
- PROB § 571
- PROB § 901
- PROB § 910
Cited by (3)
- Estate of HAZEL S. LAGERSEN, Deceased; WILLIAM H. McPHERSON, Petitioner and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Objectors and Respondents (1962) 210 Cal. App. 2d 788
- Don SMITH, Jr., Plaintiff and Respondent, v. Joann SZEYLLER, Individually and as Trustee, etc., et al., Defendants and Respondents; Samuel Wachtor, as Personal Representative, etc., Objector and Appellant. Joann Szeyller, as Trustee, etc., Plaintiff and Respondent, v. Don Smith, Jr., et al., Defendants and Respondents; Samuel Wachtor, as Personal Representative, etc., Defendant and Appellant. Don Smith, Jr., Plaintiff and Respondent, v. Joann Szeyller, Individually and as Trustee, etc., et al., Defendants and Respondents; Samuel Wachtor, as Personal Representative, etc., Defendant and Appellant. (2019) 242 Cal. Rptr. 3d 585
- Estate of KATE MOORE, Deceased. EUGENE P. MATHIAS et al., Petitioners and Respondents, v. BANK OF AMERICA, as Administrator, etc., Objector and Appellant (1968) 258 Cal. App. 2d 458