Estate of DOMENICO CASELLA, Deceased. MARY CASELLA, Plaintiff and Appellant, v. MICHAEL CASELLA et al., Objectors and Appellants
256 Cal. App. 2d 312 · 23566
California Court of Appeal · Filed
Holding
The court held that the probate court properly exercised jurisdiction to adjudicate claims to property held in joint tenancy and that it correctly set aside a quitclaim deed executed by the surviving spouse, finding it was the product of undue influence arising from a confidential relationship. The court further held that the filing of a single joint income tax return did not, by itself, transmute the character of the decedent’s separate property into community property.
Statutes construed
- CIV § 164
Cited by (1)
Authorities cited (4)
- Cook v. Cook 17 Cal.2d 639
- Estate of CHARLES CHRISTIAN NEILSON, Deceased. HAZEL DeBOER et al., Claimants and Appellants, v. INES B. NEILSON, Claimant and Respondent 57 Cal.2d 733
- Estate of JESSIE McGEE, Deceased. ANNA BRENNAN et al., Appellants, v. MARY E. SEELIG, as Administratrix, et al., Respondents 168 Cal.App.2d 670
- PASQUALE CORDASCO, Plaintiff and Respondent, v. ROSIE SCALERO, Individually and as Executrix, etc., et al., Defendants and Appellants 203 Cal.App.2d 95