Estate of JOSEPHINE C. McCORMACK, Deceased. STEPHEN M. MAYFIELD, Plaintiff and Appellant, v. FRANK STEWART, JR., Defendant and Respondent
2 Cal. App. 3d 492 ·
California Court of Appeal · Filed
Published · citable
Cited by 2
Holding
The court held that the probate court did not err in admitting extrinsic evidence to resolve an ambiguity in the testatrix’s will concerning the term "issue," and that substantial evidence supported its finding that the testatrix intended to exclude adopted children from taking under the trust. However, the court further held that the probate court’s subsequent order awarding costs to the respondent was void for lack of jurisdiction.
Statutes construed
- PROB § 1230
- PROB § 1240
Cited by (2)
- Estate of JESSIE LEE ANDERSON, Deceased; ORANGE PIERSON, Petitioner and Appellant, v. SHARON BABB-FREE, as Administrator, etc., et al., Objectors and Respondents; ROCHELLE ANDERSON, Claimant and Respondent (1997) 60 Cal. App. 2d 436
- PATRICIA HOLLAWAY, as Cotrustee, etc., Plaintiff and Respondent, v. LINDA EDWARDS, as Cotrustee, etc., Defendant and Appellant (1998) 68 Cal. App. 4th 94