Estate of JAMES E. FINCHER, Deceased. BARBARA FINCHER, Contestant and Appellant, v. CALVERT FINCHER, as Executor with the Will Annexed, etc., et al., Claimants and Respondents

Holding

The court held that a probate court, in a heirship proceeding under Probate Code section 1080, has jurisdiction to adjudicate a surviving spouse’s claim to an estate based on both community property rights and a premarital "Marvin-type" agreement, and that the trial court did not err in denying a jury trial on the equitable and legal defenses of laches, waiver, and the statute of limitations where the underlying facts were undisputed and their application presented pure questions of law.