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.

Cited by (3)

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