Estate of SETH G. BEACH, Deceased. BANK OF CALIFORNIA, as Executor, etc., Petitioner and Respondent, v. JOETTE BEACH CARTER et al., Objectors and Appellants
15 Cal. 3d 623 ·
Supreme Court of California · Filed
Published · citable
Cited by 11
Holding
The court held that a professional corporate executor, such as a bank, must exercise the skill and knowledge ordinarily possessed by professional fiduciaries under similar circumstances, and that the Bank of California met this standard in its retention of a volatile stock during probate administration.
Statutes construed
- CCP § 1021
- CCP § 963
- CIV § 2261
- FIN § 106
- FIN § 107
- PROB § 750
- PROB § 927
- RTC § 14101
- RTC § 18405
Cited by (11)
- TAMI FINKBEINER, as Trustee, etc., Plaintiff and Appellant, v. RICHARD A. GAVID et al., Defendants and Respondents (2006) 136 Cal. App. 4th 1417
- ALTA STRAUSS, Plaintiff, Cross-defendant and Appellant, v. DOROTHY ELLEN SUMMERHAYS, Individually and as Trustee, etc., Defendant, Cross-complainant and Respondent; CHARLES F. BENNINGHOFF III et al., Cross-defendants and Respondents; Estate of CHRISTINE E. MELCHER, Deceased. ALTA STRAUSS, Petitioner and Appellant, v. DOROTHY ELLEN SUMMERHAYS, Individually and as Trustee, etc., Petitioner and Respondent; CHARLES F. BENNINGHOFF III et al., Claimants and Respondents (1984) 157 Cal. App. 3d 806
- BAKER MANOCK & JENSEN, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; MARVIN R. SALWASSER, as Administrator, etc., Real Party in Interest (2009) 175 Cal. App. 4th 1414
- PATRICK S. DONAHUE, Plaintiff and Respondent, v. MICHELLE DONAHUE, Defendant and Appellant (2010) 182 Cal. App. 4th 259
- TED E. VAN DE KAMP et al., Plaintiffs and Appellants, v. BANK OF AMERICA, Defendant and Appellant (1988) 204 Cal. App. 3d 819
- Estate of JOHN CAMERON DAVIS, Deceased. MARILYN DAVIS, as Administratrix, etc., Petitioner and Respondent, v. TORD NORBERG et al., Objectors and Appellants; HIGHLANDS INSURANCE COMPANY, Real Party in Interest and Respondent (1990) 219 Cal. App. 3d 663
- Estate of HELEN CLAIRE PHELPS, Deceased. JANICE M. BAMBRICK, as Executrix, etc., Petitioner and Respondent, v. SUZANNE PHELPS ODEKERKEN et al., Objectors and Appellants (1990) 223 Cal. App. 3d 332
- P. ex rel. Harris & Becerra v. Shine (2017) 224 Cal. Rptr. 3d 380
- OTAY LAND COMPANY, LLC et al., Plaintiffs and Appellants, v. U.E. LIMITED, L.P., et al., Defendants and Appellants. (2017) 225 Cal. Rptr. 3d 119
- Estate of CONRAD NICHOLSON HILTON, Deceased. MYRON E. HARPOLE et al., Petitioners and Appellants, v. CONRAD N. HILTON FOUNDATION, Objector and Appellant; DANIEL E. LUNGREN, as Attorney General, etc., Objector and Respondent (1996) 44 Cal. App. 4th 890
- PATRICIA HOLLAWAY, as Cotrustee, etc., Plaintiff and Respondent, v. LINDA EDWARDS, as Cotrustee, etc., Defendant and Appellant (1998) 68 Cal. App. 4th 94