Estate of EDWARD H. JENANYAN, Deceased. SAMUEL L. HOLMES, as Administrator With the Will Annexed, etc., Petitioner and Respondent, v. SHARON WICK, Claimant and Appellant; ANN JENANYAN et al., Claimants and Respondents
31 Cal. 3d 703 ·
Supreme Court of California · Filed
Published · citable
Cited by 2
Holding
The court held that a probate court order directing the abatement of a specific devise of real property was void for lack of adequate notice to the devisee, and that, on the merits, the trial court erred in ordering the devise to abate proportionally with general monetary bequests absent a clear expression of contrary intent in the will.
Statutes construed
- PROB ยง 752
Cited by (2)
- Estate of WILLIAM NICHOLAS, Deceased. DONALD F. LINSTEADT, as Successor Trustee, etc., Petitioner and Respondent, v. NICOLI G. NICHOLAS, Objector and Appellant; MARIA NICHOLAS KELLY et al., Claimants and Respondents (1986) 177 Cal. App. 3d 1071
- JOSEPH A. PARAGE, Plaintiff and Appellant, v. MARIE JEANNE COUEDEL, Defendant and Respondent (1997) 60 Cal. App. 2d 1037