Estate of ARTHUR N. WATSON, Deceased. VIRGIL MABRY et al., Petitioners and Respondents, v. JO ANN ADAMS et al., Objectors and Appellants
177 Cal. App. 3d 569 · D002460
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the filing of a creditor’s claim and subsequent lawsuit by the decedent’s daughters against his widow’s estate, based on an alleged oral contract to make a will, did not constitute a “contest” under the in terrorem clause of their father’s will, as their actions were grounded in a source of right independent of the will itself.
Statutes construed
- PROB § 150
- PROB § 370
Cited by (11)
- 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
- WELLY ZWIRN, Plaintiff and Appellant, v. HANNY SCHWEIZER, as Acting Successor Trustee, etc., Defendant and Respondent (2005) 134 Cal. App. 4th 1153
- WILLIAM R. HEARST II et al., Plaintiffs and Appellants, v. VICTOR F. GANZI, as Cotrustee, etc., et al., Defendants and Respondents (2006) 145 Cal. App. 4th 1195
- CAROLINE STEWART, Plaintiff and Appellant, v. SHEDRA K. SEWARD, as Administrator, etc., Defendant and Respondent (2007) 148 Cal. App. 4th 1513
- AVA ASTAIRE MCKENZIE, Plaintiff and Appellant, v. VIVIEN VANDERPOEL et al., Defendants and Respondents (2007) 151 Cal. App. 4th 1442
- 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
- ESTATE OF MAY BARRETT MULLINS, Deceased. MARY CARTER HAWLEY et al., Petitioners and Appellants, v. JOHN McSWEENEY, as Trustee, etc., Objector and Respondent (1988) 206 Cal. App. 3d 924
- Conservatorship of the Estate of MARCIA FARRELL HART. WELLS FARGO BANK, as Conservator, etc., Petitioner and Respondent, v. JOHN McPIKE KERESEY, Objector and Appellant (1991) 228 Cal. App. 3d 1244
- 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
- Estate of KATHLEEN T. HOFFMAN, Deceased; MYRA H. BELFIORE et al., Petitioners and Appellants, v. THOMAS L. HOFFMAN, as Co-executor, etc., et al., Objectors and Respondents (2002) 97 Cal. App. 4th 1436
Authorities cited (4)
- 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
- 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 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 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