Estate of VIRGINIA L. PETERSON, Deceased; JACK ROBERTSON, as Executor, etc., Petitioner and Respondent, v. MARGARET M. WILBER et al., Objectors and Respondents; ARTHRITIS AND RHEUMATISM FOUNDATION, Objector and Appellant
259 Cal. App. 2d 492 · 23774
California Court of Appeal · Filed
Holding
The court held that a testator's half-sister qualifies as a "sister" under Probate Code section 41 and is therefore entitled to challenge an excessive charitable devise, and further that a surviving spouse's settlement agreement assigning his interest to the charity was properly set aside due to a unilateral mistake of law known to the charity and its agent, coupled with grossly inadequate consideration.
Statutes construed
- CIV § 1578
- PROB § 1020.1
- PROB § 223
- PROB § 254
- PROB § 41
- PROB § 43
Cited by (2)
- Estate of JACK HARRY BENNETT, Deceased. LU ELLA BENNETT et al., Petitioners and Respondents, v. SMITH HEAVY INDUSTRIAL TRANSIT CORPORATION et al., Claimants and Appellants (2008) 163 Cal. App. 4th 1303
- Estate of EDWARD HENRY WRIGHT, Deceased. DOROTHY ANN GUNNING, Petitioner and Appellant, v. JOSEPH S. CAUDILL, Objector and Respondent (2001) 90 Cal. App. 4th 228
Authorities cited (5)
- Estate of ALICE P. SIMMONS, Deceased. CALVIN OTIS TOWNSEND, Petitioner and Appellant, v. CAROLINE SKIDMORE BINGMAN, as Administratrix With the Will Annexed, Objector and Respondent 217 Cal.App.2d 580
- 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 217 Cal.App.2d 111
- Estate of THOMAS B. REARDON, Deceased. JOHN P. McCORMACK, as Executor, etc., et al., Petitioners and Appellants, v. THE CATHOLIC CHURCH EXTENSION SOCIETY OF THE UNITED STATES OF AMERICA, Claimant and Appellant; JOHN E. REARDON et al., Claimants and Respondents 243 Cal.App.2d 221
- Estate of EARL C. HUGHES, Deceased. JOSEPH R. ALCANTARA, as Testamentary Trustee, etc., et al., Petitioners and Respondents, v. BLANCHE V. HUGHES et al., Claimants and Appellants 202 Cal.App.2d 12
- Estate of ALEXANDER HENDERSON MOORE, Deceased. ALFRED FINLEY MOORE, Individually and as Administrator With the Will Annexed, etc., Plaintiff and Appellant, v. TRINITY METHODIST CHURCH et al., Defendants and Appellants 219 Cal.App.2d 737