Estate of FRANCES M. MOLERA, Deceased. BARNEY McGETTIGAN et al., Petitioners and Respondents, v. LORENA WILSON HUFFMAN et al., Objectors, and Appellants; JOHN E. TROXEL, as Executor, etc., Respondent; Estate of FRANCES M. MOLERA, Deceased. LONE MOUNTAIN COLLEGE, Petitioner and Respondent, v. ABELARDO HENRY GUADALUPE COOPER et al., Objectors and Appellants; JOHN E. TROXEL, as Executor, etc., Respondent
23 Cal. App. 3d 993 ·
California Court of Appeal · Filed
Published · citable
Cited by 4
Holding
The court held that appellants, who were heirs at law and contestants of the will on the sole ground of undue influence, did not possess a sufficient contingent interest to resist petitions for preliminary distribution because their potential injury from such distribution was not sufficiently direct or immediate, particularly where the distribution was secured by a bond and the estate was of a size that could absorb any potential loss.
Statutes construed
- CCP § 1049
- EVID § 452
- PROB § 1000
- PROB § 1001
- PROB § 370
Cited by (4)
- BERNADETTE MONTEGANI, Plaintiff and Appellant, v. KARON A. JOHNSON et al., Defendants and Respondents (2008) 162 Cal. App. 4th 1231
- ESTATE OF MARGARET H. LIND, Deceased. GEORGE M. STEPHENSON, as Special Administrator, etc. Petitioner and Respondent, v. WARREN H. HAUGHEY, Contestant and Appellant; RICHARD BILLINGHURST et al., Claimants and Respondents (1989) 209 Cal. App. 3d 1424
- Schwan v. Permann (2018) 239 Cal. Rptr. 3d 427
- Estate of KATHRYNE J. AUEN, Deceased. NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC., et al., Contestants and Respondents, v. PATRICIA A. CARSON, Claimant and Appellant; NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC., et al., Plaintiffs and Respondents, v. PATRICIA A. CARSON et al., Defendants and Appellants; AMERICAN HEART ASSOCIATION, CALIFORNIA AFFILIATE, et al., Plaintiffs and Respondents, v. PATRICIA A. CARSON et al., Defendants and Appellants (1994) 30 Cal. App. 4th 300