Estate of CONCHA CRISTINA KIME, Deceased. ALBERT L. KIME, Petitioner and Appellant, v. RANDOLPH J. BARNARD, Petitioner and Respondent, BETTY J. HYDE, Claimant and Respondent
144 Cal. App. 3d 246 · 65192
California Court of Appeal · Filed
Holding
The court held that the trial court correctly denied the petition to revoke probate of a lost will, as extrinsic evidence was properly admitted to clarify the decedent's dispositive intent from an otherwise incomplete document. However, the trial court committed reversible error by compelling an attorney to testify, over objection, regarding confidential communications with his client concerning a property settlement agreement, in violation of the attorney-client privilege.
Statutes construed
- CCP § 1881
- CCP § 2016
- CCP § 475
- CCP § 904.1
- EVID § 1016
- EVID § 912
- EVID § 917
- EVID § 950
- EVID § 952
- EVID § 954
- EVID § 959
- EVID § 994
- EVID § 996
- PROB § 101
- PROB § 105
- PROB § 106
- PROB § 1080
- PROB § 90
Cited by (1)
Authorities cited (4)
- Estate of MAUDE FRIES, Deceased. VIRGIL V. BECKER, as Executor, etc., Petitioner and Appellant, v. GEORGE BEADLES et al., Objectors and Respondents 238 Cal.App.2d 558
- Estate of MILDRED FLINT, Deceased. SECURITY PACIFIC NATIONAL BANK, as Trustee, etc., Petitioner, v. BARBARA KULP, Objector and Appellant; MARK DICKENS HARRIS, Claimant and Respondent 25 Cal.App.3d 945
- Estate of MAUDE FRIES, Deceased. WALTER FRIES, Petitioner and Appellant, v. GEORGE BEADLES et al., Objectors and Respondents 221 Cal.App.2d 725
- Estate of WARBURTON C. WEBB, Deceased. BERNARD R. FOY, as Executor, etc., Petitioner and Respondent, v. WARBURTON C. WEBB, JR., Claimant and Appellant 76 Cal.App.3d 169