Estate of HELEN L. BASORE, Deceased. HOWARD E. BASORE, Petitioner and Respondent, v. PASADENA HOME FOR THE AGED, Claimant and Appellant; JAMES O. ROSS, as Special Administrator, etc., et al., Claimants and Respondents
19 Cal. App. 3d 623 ·
California Court of Appeal · Filed
Published · citable
Cited by 10
Holding
The court held that the statutory revocation of a will under Probate Code section 70 is automatic and absolute, not a personal right that must be exercised by the surviving spouse, and that a petition for determination of heirship to ascertain the validity of charitable bequests does not, under the circumstances of this case, constitute a contest of the will sufficient to trigger a no-contest clause.
Statutes construed
- CCP § 904.1
- PROB § 1080
- PROB § 1240
- PROB § 223
- PROB § 300
- PROB § 370
- PROB § 371
- PROB § 372
- PROB § 373
- PROB § 374
- PROB § 380
- PROB § 381
- PROB § 382
- PROB § 383
- PROB § 384
- PROB § 385
- PROB § 41
- PROB § 43
- PROB § 571
- PROB § 70
Cited by (10)
- DANA VARNEY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FRANCES ANTOLIN, as Executrix, etc., Real Party in Interest (1992) 10 Cal. App. 4th 1092
- Estate of BELDON KATLEMAN, Deceased. CAROLE KATLEMAN, Petitioner and Respondent, v. ARTHUR J. CROWLEY, Objector and Appellant (1993) 13 Cal. App. 4th 51
- Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants (1984) 160 Cal. App. 3d 582
- Estate of ESTHER A. LINDSTROM, Deceased. HOWARD K. HALL, Petitioner and Respondent, v. OWEN WAYNE HOPKINS et al., Contestants and Appellants; Estate of ESTHER A. LINDSTROM, Deceased. OWEN WAYNE HOPKINS et al., Petitioners and Appellants, v. SAN DIEGO TRUST & SAVINGS BANK, as Trustee, etc., Claimant and Respondent (1987) 191 Cal. App. 3d 375
- JOHN POAG et al., as Co-trustees, etc., Plaintiffs and Appellants, v. LAURA WINSTON, Defendant and Respondent (1987) 195 Cal. App. 3d 1161
- Estate of RUSSELL DONOVAN SHANNON, Deceased. GILBERT A. BROWN, as Executor, etc., Petitioner and Appellant, v. BEATRICE MARIE SALESKI, Objector and Respondent (1990) 224 Cal. App. 3d 1148
- MARILYN M. SMITH, Plaintiff and Respondent, v. DARREN E. ESSLINGER et al., as Trustees, etc., Defendants and Appellants (1994) 26 Cal. App. 4th 579
- LORRAINE JACOBS-ZORNE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN SWONETZ, Real Party in Interest (1996) 46 Cal. App. 4th 1064
- JOSEPH SCHARLIN, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JACQUELINE BROWN, Real Party in Interest (1992) 9 Cal. App. 4th 162
- Estate of Kaila (2001) 114 Cal. Rptr. 2d 865