Estate of LESTER A. O'BRIEN, Deceased. BEULAH McGRUDER, Plaintiff and Appellant, v. JAMES W. FOLEY, as Executor, etc., et al., Defendants and Respondents
246 Cal. App. 2d 788 ·
California Court of Appeal · Filed
Published · citable
Cited by 2
Holding
The court held that a beneficiary under a later, unprobated will qualifies as an "interested person" with standing to contest an earlier will already admitted to probate if her pecuniary interest in the devolution of the estate may be benefited by setting aside the probated will, and that the appellant had sufficiently alleged such a potential benefit to survive a demurrer.
Statutes construed
- CCP § 472d
- PROB § 101
- PROB § 102
- PROB § 24
- PROB § 380
- PROB § 72
- PROB § 74
Cited by (2)
- Estate of LAURA MARIE LOWRIE, Deceased. LYNELLE L. GOODREAU, Petitioner and Respondent, v. SHELDON LAWRENCE LOWRIE, as Trustee, etc., Objector and Appellant (2004) 118 Cal. App. 4th 220
- Estate of FRANK P. DITO, Deceased. BARBARA MERRITT et al., Petitioners and Appellants, v. ELENICE S. DITO, Objector and Respondent (2011) 198 Cal. App. 4th 791