Estate of CLARENCE ALLISON REED, Deceased; ALBERT H. REED, as Administrator With the Will Annexed, etc., Claimant and Appellant, v. BANK OF AMERICA, as Successor Trustee, etc., Petitioner and Respondent; LOYOLA UNIVERSITY OF LOS ANGELES et al., Claimants and Respondents

259 Cal. App. 2d 14 · 30589

California Court of Appeal · Filed February 15, 1968

Published · citable Cites 3

Holding

The court held that an order from a prior probate proceeding was void for lack of jurisdiction because the trustee failed to provide constitutionally adequate notice to indispensable parties—the known charitable remaindermen—whose interests in the trust corpus were directly and inevitably affected by the proceeding.

Statutes construed

CCP § 389
PROB § 1120
PROB § 125

Authorities cited (3)

Bank of California v. Superior Court 16 Cal.2d 516
WALTER W. SCHAFFER et al., Appellants, v. AMERICAN TRUST COMPANY, as Executor, etc., Respondent 164 Cal.App.2d 653
Estate of LUCILLE HENSEL, Deceased. OTTO HENSEL, Appellant, v. RUTH LEIHY KERTZ, Respondent 144 Cal.App.2d 429