Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants
160 Cal. App. 3d 582 · F003304
California Court of Appeal, Fifth Appellate District · Filed
Holding
The court held that the filing of a petition under Probate Code section 1080 for a determination of whether a proposed claim would violate a no-contest clause did not itself trigger forfeiture, and further held that a proposed petition under Probate Code section 851.5 to assert a *Marvin*-type claim for an interest in property based on an implied domestic partnership did not constitute a contest or attack on the will under its specific no-contest clause.
Statutes construed
- PROB § 1080
- PROB § 588
Cited by (13)
- EDWARD BENNETT GREGGE, Plaintiff and Appellant, v. MICHAEL HUGILL, as Trustee, etc., Defendant and Respondent (2016) 1 Cal. App. 5th 561
- DANA VARNEY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FRANCES ANTOLIN, as Executrix, etc., Real Party in Interest (1992) 10 Cal. App. 4th 1092
- Estate of ESTELLE H. STRADER, Deceased. JANE GRANT, as Co-Administrator, etc., et al., Petitioners and Appellants, v. JAMES HIXON, Objector and Appellant (2003) 107 Cal. App. 4th 996
- Estate of MAURICIO RICHTER, Deceased; SYLVIA RICHTER, Petitioner and Appellant, v. FRANK S. VARGA et al., Objectors and Respondents (1993) 12 Cal. App. 4th 1361
- ROBYN R. TUNSTALL, Plaintiff and Respondent, v. ELIZABETH H. WELLS, Individually and as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 554
- STEPHEN MEYER, Plaintiff and Appellant, v. HERBERT G. MEYER, as Trustee, etc., Defendant and Respondent (2008) 162 Cal. App. 4th 983
- Estate of ARTHUR N. WATSON, Deceased. VIRGIL MABRY et al., Petitioners and Respondents, v. JO ANN ADAMS et al., Objectors and Appellants (1986) 177 Cal. App. 3d 569
- Estate of ESTHER A. LINDSTROM, Deceased. HOWARD K. HALL, Petitioner and Respondent, v. OWEN WAYNE HOPKINS et al., Contestants and Appellants; Estate of ESTHER A. LINDSTROM, Deceased. OWEN WAYNE HOPKINS et al., Petitioners and Appellants, v. SAN DIEGO TRUST & SAVINGS BANK, as Trustee, etc., Claimant and Respondent (1987) 191 Cal. App. 3d 375
- JOHN POAG et al., as Co-trustees, etc., Plaintiffs and Appellants, v. LAURA WINSTON, Defendant and Respondent (1987) 195 Cal. App. 3d 1161
- SUSAN DOOLITTLE, Plaintiff, Cross-defendant and Appellant, v. EXCHANGE BANK, as Trustee, etc., Defendant, Cross-complainant and Respondent (2015) 241 Cal. App. 4th 529
- LORRAINE JACOBS-ZORNE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN SWONETZ, Real Party in Interest (1996) 46 Cal. App. 4th 1064
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents (1997) 56 Cal. App. 4th 1410
- Estate of Kaila (2001) 114 Cal. Rptr. 2d 865
Authorities cited (11)
- Estate of JAMES W. DODGE, Deceased; BARBARA DODGE GILL, Petitioner and Appellant, v. DOLORES STONE, Claimant and Respondent 6 Cal.3d 311
- Estate of EUDICE L. FRIEDMAN, Deceased. JOYCE D. GRUNAUER, Petitioner and Appellant, v. DANIEL FRIEDMAN, Objector and Respondent; UNITED CALIFORNIA BANK, as Executor, etc., Respondent 100 Cal.App.3d 810
- Estate of MARGARET S. BULLOCK, Deceased; MARY MARGARET FEWEL SMITH et al., Plaintiffs and Appellants, v. M. BRUCE GILREATH, as Trustee, etc., Defendant and Respondent; MARY MARGARET FEWEL SMITH et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; M. BRUCE GILREATH, as Trustee, etc., Real Party in Interest 264 Cal.App.2d 197
- Estate of CARL F. KRUSE, Deceased. IRENE E. KRUSE, Individually and as Executrix, etc., Petitioner and Appellant, v. SHRINERS' HOSPITAL FOR CRIPPLED CHILDREN, Objector and Appellant 7 Cal.App.3d 471
- Estate of JAMES E. HARVEY, Deceased. ANNIE B. HARVEY, Appellant, v. JESSE M. HARVEY, Respondent 164 Cal.App.2d 330
- Estate of LINUS A. GOYETTE, Deceased. JEAN C. IJAMS et al., Claimants and Appellants, v. DIOCESE OF MONTEREY-FRESNO EDUCATION & WELFARE CORPORATION et al., Claimants and Respondents 258 Cal.App.2d 768
- Estate of WILLIAM J. ZAPPETTINI, Deceased. THELMA D. ZAPPETTINI, Claimant and Appellant, v. NORMA FERROGGIARO et al., Petitioners and Appellants 223 Cal.App.2d 424
- Estate of EDGAR LAURENCE DOW, Deceased. MAXINE PATRICIA HUTCHINSON, Appellant, v. MAXINE B. DOW, Individually and as Administratrix With the Will Annexed, etc., Respondent 149 Cal.App.2d 47
- Estate of HELEN L. BASORE, Deceased. HOWARD E. BASORE, Petitioner and Respondent, v. PASADENA HOME FOR THE AGED, Claimant and Appellant; JAMES O. ROSS, as Special Administrator, etc., et al., Claimants and Respondents 19 Cal.App.3d 623
- Estate of ANGELEN KAZIAN, Deceased. SECURITY PACIFIC NATIONAL BANK, as Executor, etc., et al., Petitioners and Respondents, v. ONIG KAZIAN, Claimant and Appellant 59 Cal.App.3d 797
- Estate of KATHERINE G. MILLER, Deceased. BURKE E. BURFORD, as Executor, etc., Petitioner and Respondent; SALLY MILLER FIELD et al., Distributees and Respondents, v. MIRIAM MILLER HARTMAN, Objector and Appellant 212 Cal.App.2d 284