Estate of FRED M. COX, Deceased. J. K. STICKNEY, JR., as Executor, etc., Petitioner and Respondent, v. PATRICIA DUNCAN SNYDER et al., Objectors and Respondents; HOUSTON I. FLOURNOY, as State Controller, Contestant and Appellant; Estate of FRANCES L. COX, Deceased. J. K. STICKNEY, JR., as Executor, etc., Petitioner and Respondent, v. PATRICIA DUNCAN SNYDER et al., Objectors and Respondents; HOUSTON I. FLOURNOY, as State Controller, Contestant and Appellant
8 Cal. App. 3d 168 ·
California Court of Appeal · Filed
Published · citable
Cited by 3
Holding
The court held that the probate court lacked jurisdiction to adjudicate the disposition of assets held in an inter vivos trust or to determine whether a power of appointment created by that trust had been exercised, as such matters fall outside the statutory grant of probate jurisdiction and must be resolved in a separate equitable action.
Statutes construed
- CCP § 1699
- CCP § 1860
- CCP § 373.5
- CIV § 3534
- PROB § 105
- PROB § 1081
- PROB § 1120
- PROB § 125
Cited by (3)
- SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant (2005) 129 Cal. App. 4th 672
- Estate of RAY C. GODDARD, Deceased. CALIFORNIA FIRST BANK, as Trustee, etc., Petitioner and Appellant, v. BETTY ELIZABETH CULP et al., Claimants and Respondents; THE SUPERIOR COURT OF SAN DIEGO COUNTY, Objector and Respondent (1984) 157 Cal. App. 3d 340
- DEBORAH E. HECHT, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; WILLIAM EVERETT KANE, JR., et al., Real Parties in Interest (1993) 16 Cal. App. 4th 836