Estate of ARTHUR N. FISHER, Deceased. SHARI FISHER et al., Petitioners and Appellants, v. ANN BERNSTEIN, Claimant and Respondent
198 Cal. App. 3d 418 · B022361
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that the trial court erred in granting summary judgment to the claimant, Ann Bernstein, because triable issues of material fact existed regarding the decedent’s intent in establishing a savings account and the legal nature of that account, precluding a determination as a matter of law that she was entitled to the funds as a surviving joint tenant or joint trustee.
Statutes construed
- CCP § 437c
- CIV § 1588
- CIV § 1589
- CIV § 2221
- FIN § 7602
- FIN § 7604
- FIN § 7606
- PROB § 15201
- PROB § 15202
- PROB § 5101
- PROB § 5302
- PROB § 851.5
Cited by (3)
- ARTHUR C. HIGGINS, as Executor, etc., Plaintiff and Appellant, v. MARIA LUPE HIGGINS, Defendant and Respondent (2017) 11 Cal. App. 5th 648
- Estate of HAZEL L. ALLEN, Deceased; ERNEST J. ALLEN, Objector and Appellant, v. FIRST PRESBYTERIAN CHURCH OF IRONWOOD, Claimant and Respondent (1993) 12 Cal. App. 4th 1762
- RONALD A. ARAIZA, as Trustee, etc., Plaintiff and Respondent, v. LORI YOUNKIN, Defendant and Appellant (2010) 188 Cal. App. 4th 1120
Authorities cited (3)
- Blackmon v. Hale 1 Cal.3d 548
- Manti v. Gunari 5 Cal.App.3d 442
- HARRY PRUYN, as Special Administrator, etc., Respondent, v. TRUMAN S. WATERMAN, as Executor, etc., Appellant 172 Cal.App.2d 133