ESTATE OF MARGARET H. LIND, Deceased. GEORGE M. STEPHENSON, as Special Administrator, etc. Petitioner and Respondent, v. WARREN H. HAUGHEY, Contestant and Appellant; RICHARD BILLINGHURST et al., Claimants and Respondents
209 Cal. App. 3d 1424 · B034625
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that the probate court erred in sustaining a demurrer without leave to amend against the will contestant, Warren H. Haughey, as his second amended contest alleged sufficient ultimate facts to establish, prima facie, his standing as an "interested person" under Probate Code section 6408, subdivision (b), by pleading a foster parent-child relationship that would entitle him to take by intestacy if the will were successfully contested.
Statutes construed
- CCP § 128.5
- EVID § 1311
- PROB § 371
- PROB § 6408
Cited by (10)
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- Estate of HELENA STEVENSON, Deceased. LINDA JACKSON et al., Petitioners and Appellants, v. JAMES C. STEVENSON, JR., et al., Claimants and Respondents (1992) 11 Cal. App. 4th 852
- Estate of LAURA MARIE LOWRIE, Deceased. LYNELLE L. GOODREAU, Petitioner and Respondent, v. SHELDON LAWRENCE LOWRIE, as Trustee, etc., Objector and Appellant (2004) 118 Cal. App. 4th 220
- Estate of LOUIS JOSEPH, Deceased. KIM BARNUM-SMITH, Petitioner and Appellant, v. JAMES C. JOSEPH, Objector and Respondent (1998) 17 Cal. 4th 203
- Estate of LOUIS JOSEPH, Deceased. KIM BARNUM-SMITH, Petitioner and Appellant, v. JAMES C. JOSEPH, Objector and Respondent (1998) 17 Cal. 4th 203
- ESTATE of JAMES CLEVELAND, Deceased. ANDRE CLEVELAND, Petitioner and Appellant, v. ANNETTE MAY THOMAS, as Trustee, etc., Objector and Respondent (1993) 17 Cal. App. 4th 1700
- JAMES MUNN, Plaintiff and Appellant, v. MICHAEL D. BRIGGS et al., Defendants and Respondents (2010) 185 Cal. App. 4th 578
- Estate of THOMAS HORN, Deceased. JULIA K. SLUSHER, Contestant and Appellant, v. ROXANN M. BURNETT, Claimant and Respondent (1990) 219 Cal. App. 3d 67
- Estate of SONIA SOBOL, Deceased. TERRY D. SHAYLIN, as Co-executor, etc., et al., Petitioners and Respondents, v. JAY ROSE et al., Objectors and Appellants (2014) 225 Cal. App. 4th 771
- Estate of KATHRYNE J. AUEN, Deceased. NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC., et al., Contestants and Respondents, v. PATRICIA A. CARSON, Claimant and Appellant; NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC., et al., Plaintiffs and Respondents, v. PATRICIA A. CARSON et al., Defendants and Appellants; AMERICAN HEART ASSOCIATION, CALIFORNIA AFFILIATE, et al., Plaintiffs and Respondents, v. PATRICIA A. CARSON et al., Defendants and Appellants (1994) 30 Cal. App. 4th 300
Authorities cited (6)
- Estate of JUANITA V. LANE, Deceased. KENNETH F. MACK et al., Plaintiffs and Appellants, v. BANK OF AMERICA et al., Defendants and Respondents 7 Cal.App.3d 402
- In the Matter of the Estate of ELIZABETH AUGUSTA BIXLER, Deceased. A. M. BIXLER et al., Petitioners and Appellants; SAMUEL PLUMLEY HAMILTON et al., etc., Opponents and Respondents 194 Cal. 585
- Estate of BESSIE CLAFFEY, Deceased. MONROE THOMAS McKENZIE et al., Claimants and Appellants, v. DOROTHY CREEKS, Claimant and Respondent 209 Cal.App.3d 254
- Estate of THOMAS E. POWERS, Deceased. OLGA E. POWERS, Petitioner and Respondent, v. GERALDINE POWERS KESSLER, Contestant and Appellant; FLORENCE JEANNE WEBER, Claimant and Respondent 91 Cal.App.3d 715
- Estate of FRANCES M. MOLERA, Deceased. BARNEY McGETTIGAN et al., Petitioners and Respondents, v. LORENA WILSON HUFFMAN et al., Objectors, and Appellants; JOHN E. TROXEL, as Executor, etc., Respondent; Estate of FRANCES M. MOLERA, Deceased. LONE MOUNTAIN COLLEGE, Petitioner and Respondent, v. ABELARDO HENRY GUADALUPE COOPER et al., Objectors and Appellants; JOHN E. TROXEL, as Executor, etc., Respondent 23 Cal.App.3d 993
- Estate of MAUDE STRAISINGER, Deceased; ELIM MISSIONARY ASSEMBLIES, Plaintiffs and Appellants, v. LEWIS W. CUNNINGHAM et al., Defendants and Respondents 247 Cal.App.2d 574