Estate of KATHERINE G. MILLER, Deceased. BURKE E. BURFORD, as Executor, etc., Petitioner and Respondent; SALLY MILLER FIELD et al., Distributees and Respondents, v. MIRIAM MILLER HARTMAN, Objector and Appellant
212 Cal. App. 2d 284 · 169
California Court of Appeal · Filed
Holding
The court held that the probate court abused its discretion by denying preliminary distribution to a testamentary trustee based on a potential forfeiture issue that had not been formally raised by any party, thereby treating one beneficiary unequally without legal justification.
Statutes construed
- PROB § 300
- PROB § 380
Cited by (12)
- DANA VARNEY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FRANCES ANTOLIN, as Executrix, etc., Real Party in Interest (1992) 10 Cal. App. 4th 1092
- Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants (1984) 160 Cal. App. 3d 582
- Estate of ARTHUR N. WATSON, Deceased. VIRGIL MABRY et al., Petitioners and Respondents, v. JO ANN ADAMS et al., Objectors and Appellants (1986) 177 Cal. App. 3d 569
- DONALD D. COOK, JR., as Trustee, etc., Plaintiff and Respondent, v. DANIEL W. COOK, Defendant and Appellant (2009) 177 Cal. App. 4th 1436
- ESTATE OF MAY BARRETT MULLINS, Deceased. MARY CARTER HAWLEY et al., Petitioners and Appellants, v. JOHN McSWEENEY, as Trustee, etc., Objector and Respondent (1988) 206 Cal. App. 3d 924
- DOROTHY K. SILVERMAN, Plaintiff and Appellant, v. UNION BANK, Individually and as Executor, etc., Defendant and Respondent (1971) 21 Cal. App. 3d 352
- Estate of SIDNEY C. SCOTT, Deceased. FLORENCE HUGHES, as Executrix, etc., Petitioner and Respondent, v. SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Objector and Appellant; ANGELES MESA PRESBYTERIAN CHURCH, Legatee and Respondent (1963) 217 Cal. App. 2d 111
- Estate of PAUL MAJTAN, Deceased. NEWMAN LOUSARIAN, Plaintiff and Respondent, v. T. M. ROBINSON, JR., as Administrator, etc., Defendant and Appellant (1965) 237 Cal. App. 2d 7
- Estate of MAUDE STRAISINGER, Deceased; ELIM MISSIONARY ASSEMBLIES, Plaintiffs and Appellants, v. LEWIS W. CUNNINGHAM et al., Defendants and Respondents (1967) 247 Cal. App. 2d 574
- Estate of LINUS A. GOYETTE, Deceased. JEAN C. IJAMS et al., Claimants and Appellants, v. DIOCESE OF MONTEREY-FRESNO EDUCATION & WELFARE CORPORATION et al., Claimants and Respondents (1968) 258 Cal. App. 2d 768
- Estate of KATHERINE G. MILLER, Deceased; MIRIAM MILLER HARTMAN, Plaintiff and Appellant, v. BURKE E. BURFORD, as Executor-Trustee, etc., et al., Defendants and Respondents (1968) 259 Cal. App. 2d 536
- Estate of VAL PITTMAN, Deceased. JANIS PITTMAN et al., Petitioners and Respondents, v. SUSAN LEE et al., Objectors and Appellants (1998) 63 Cal. App. 2d 290
Authorities cited (14)
- Estate of EDGAR LAURENCE DOW, Deceased. MAXINE PATRICIA HUTCHINSON, Appellant, v. MAXINE B. DOW, Individually and as Administratrix With the Will Annexed, etc., Respondent 149 Cal. App.2d 47
- Lobb v. Brown 208 Cal. 476
- Estate of CHARLES BILY, Deceased. GENE G. CURRY, Respondent, v. MAX SOBEL et al., Appellants 96 Cal.App.2d 333
- Roy v. Pos 183 Cal. 359
- Osborn v. Hoyt 181 Cal. 336
- Blanc v. Connor 167 Cal. 719
- Rogers v. Schlotterback 167 Cal. 35
- Baumann v. Kusian 164 Cal. 582
- McCabe v. Healy 138 Cal. 81
- Owens v. McNally 113 Cal. 444
- Monsen v. Monsen 174 Cal. 97
- Wilkerson v. Seib 20 Cal.2d 556
- Furman v. Craine 18 Cal.App. 41
- MARJORIE LUDWICKI, Plaintiff and Appellant v. BRUCE GUERIN, Individually and as Executor, etc., Defendant and Respondent 57 Cal.2d 127