GEORGIA HEYWOOD, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE NORTH COUNTY JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Defendant and Respondent; SUE KENNEY URQUHART, as Executor, etc., Real Party in Interest and Appellant
198 Cal. App. 3d 1438 · D005677
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the executrix of an estate was estopped from asserting the defense of a non-compliant creditor’s claim to invalidate a final judgment because her litigation conduct effectively waived the right to raise that procedural defect and because the probate assets were insufficient, the judgment creditor could properly execute against assets held in a revocable inter vivos trust over which the decedent held a general power of appointment.
Statutes construed
- CCP § 1049
- CIV § 1390.3
- CIV § 1390.4
- PROB § 18201
- PROB § 700
- PROB § 707
- PROB § 709
Cited by (4)
- Estate of ANGELA MARIE PRINDLE, Deceased. EARLINE HARRIS, as Administrator, etc., Petitioner and Respondent, v. JESSICA HARRIS et al., Claimants and Respondents; TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Objector and Appellant (2009) 173 Cal. App. 4th 119
- JAMES WALGREN et al., Plaintiffs and Appellants, v. CHRISTOPHER DOLAN, as Trustee, etc., et al., Defendants and Respondents (1990) 226 Cal. App. 3d 572
- BANK ONE TEXAS, N.A., Plaintiff and Appellant, v. SHELDON L. POLLACK, Defendant; BANK OF MONTREAL, Real Party in Interest and Respondent (1994) 24 Cal. App. 4th 973
- LORE DOBLER et al., as Cotrustees, etc., Plaintiffs and Appellants, v. ARLUK MEDICAL CENTER INDUSTRIAL GROUP, INC., Defendant and Respondent (2001) 89 Cal. App. 4th 530