Estate of E. W. CALLNON, Deceased. JOHN G. CALLNON, Individually and as Trustee, etc., Petitioner and Appellant, v. MAXINE WINROTT, as Administratrix, etc., Contestant and Respondent
70 Cal. 2d 150 ·
Supreme Court of California · Filed
Published · citable
Cited by 5
Holding
The court held that a decree of final distribution that unambiguously conditions a remainderman's interest on their survival of the life beneficiary is conclusive and controlling, even if it diverges from the language of the underlying will, and that where such a condition is not met, the property passes as intestate.
Statutes construed
- CIV § 3528
- PROB § 1240
Cited by (5)
- STEPHEN MEYER, Plaintiff and Appellant, v. HERBERT G. MEYER, as Trustee, etc., Defendant and Respondent (2008) 162 Cal. App. 4th 983
- Estate of HARVEY A. RUSSELL, Deceased. BANK OF AMERICA, as Trustee, etc., Petitioner and Respondent, v. VICTOR ALBERT LAZZERONI II, a Minor, etc., Claimant and Appellant; JOHN M. THOMPSON, as Guardian ad Litem, etc., Claimant and Respondent (1971) 17 Cal. App. 3d 758
- Estate of LEO HEIL, Deceased. AMERICAN HORSE PROTECTION ASSOCIATION, INC., et al., Plaintiffs and Appellants, v. THE STATE OF NEVADA, as Trustee, etc., Defendant and Respondent; AMERICAN HORSE PROTECTION ASSOCIATION, INC., et al., Plaintiffs and Appellants, v. THE STATE OF NEVADA, as Trustee, etc., Defendant and Respondent (1989) 210 Cal. App. 3d 1503
- Estate of BESSIE F. COOPER, Deceased; HOUSTON I. FLOURNOY, as State Controller, Petitioner and Appellant, v. VIRGINIA BESS FOLEY, Objector and Respondent (1969) 274 Cal. App. 2d 70
- POLLY PARSONS, Plaintiff and Appellant, v. EDWARD TICKNER et al., Defendants and Respondents (1995) 31 Cal. App. 4th 1513