Estate of ELIZABETH WINONA HENDRICKS, Deceased. GEORGE HAMMON HENDRICKS, Petitioner and Respondent, v. SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Objector and Appellant
11 Cal. App. 3d 204 ·
California Court of Appeal · Filed
Published · citable
Cited by 3
Holding
The court held that the probate court erred in ordering federal estate and state inheritance taxes to be paid from the residuary estate rather than prorated among all beneficiaries, as the testatrix's will contained no clear and unambiguous direction against the statutory default of equitable apportionment, and extrinsic evidence of intent was inadmissible to create such a direction.
Statutes construed
- PROB § 105
- PROB § 970
- RTC § 14121
Cited by (3)
- Estate of AELDEAN SILVEIRA, Deceased; LOIS AVONNE SCHNEIDER, as Co-executrix, etc., et al., Petitioners and Respondents, v. ROMAN CATHOLIC BISHOP OF FRESNO et al., Objectors and Appellants (1983) 149 Cal. App. 3d 604
- Estate of MARGARET C. WATHEN, Deceased. WARNER STURTEVANT, as Trustee, etc., Petitioner and Respondent, v. GREATER LOS ANGELES ZOO ASSOCIATION, Objector and Appellant (1997) 56 Cal. App. 4th 48
- Estate of RENEE A. MALPAS, Deceased; ABRAM SANDAGE, as Executor, etc., Petitioner and Respondent, v. DIANE D'ALBERT KLIER, Objector and Appellant (1992) 7 Cal. App. 4th 1901