Estate of LOUIS G. ROBINSON, Deceased. JOHN W. ROBINSON et al., Appellants, v. GEORGIE JEAN ANDREW, et al., Respondents
192 Cal. App. 2d 847 ·
California Court of Appeal · Filed
Published · citable
Cited by 2
Holding
The court held that a beneficiary under a prior, allegedly lost or destroyed will must first establish their pecuniary interest by proving the prior will was fraudulently destroyed without the testator’s knowledge before being permitted to contest a later will, and that a will contest filed after the hearing on the petition for probate has concluded is untimely under Probate Code section 370.
Statutes construed
- CCP § 2055
- PROB § 329
- PROB § 350
- PROB § 370
Cited by (2)
- Estate of ELIZA H. EMERY, Deceased; BONNIE MIDDLECOFF, Individually and as Guardian ad Litem, etc., Plaintiffs and Appellants, v. HENRY HUBBARD MIDDLECOFF, as Executor, etc., Defendant and Respondent (1962) 199 Cal. App. 2d 22
- Estate of MARY JULIA COLLINS, Deceased; WILLIAM SEIDEL, Plaintiff and Appellant, v. UNITED CALIFORNIA BANK, Defendant and Respondent (1968) 268 Cal. App. 2d 86