Estate of MARY SANDERS, Deceased. SARA SANDERS et al., Petitioners and Appellants, v. FRANK C. SUTTON, as Executor, etc., Objector and Respondent
40 Cal. 3d 607 ·
Supreme Court of California · Filed
Published · citable
Cited by 7
Holding
The court held that an executor’s conduct, which included repeated misrepresentations and concealment of material facts from beneficiaries with whom he shared a confidential and fiduciary relationship, constituted extrinsic fraud sufficient to set aside final probate orders.
Statutes construed
- PROB § 380
Cited by (6)
- GORDON LAZZARONE, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent (1986) 181 Cal. App. 3d 581
- Estate of FRANCES B. HAMMER, Deceased. JOAN WEISS, Petitioner and Appellant, v. ROBERT S. WEISS, as Executor, etc., Objector and Respondent (1993) 19 Cal. App. 4th 1621
- DONNA JEAN KNOX, as Conservator, etc., et al., Plaintiff, Cross-defendant and Appellant, v. LAWRENCE A. DEAN II, Defendant, Cross-complainant and Respondent (2012) 205 Cal. App. 4th 417
- Estate of LONNIE R. BEARD, Deceased. MERLE CABLES, as Executor, etc., Petitioner and Respondent, v. LOTTIE ANN BEARD, Objector and Appellant. Estate of LONNIE R. BEARD, Deceased. LONNIE RICHARD BEARD III et al., Petitioners and Respondents, v. LOTTIE ANN BEARD, Objector and Appellant (1999) 71 Cal. App. 4th 753
- Estate of ROSE GENNETT MARTIN, Deceased. PATRICK M. MARTIN, Petitioner and Appellant, v. ALICE M. KARLEBACH, as Executor, etc., Objector and Respondent (1999) 72 Cal. App. 4th 1438
- Estate of JOHN JAMES McGUIGAN, Deceased. JUDITH A. DESMOND, Petitioner and Respondent, v. KATHLEEN CONNELL, as State Controller, etc., Claimant; LINDA GEITNER, Movant and Appellant (2000) 83 Cal. App. 4th 639