Estate of JOHN CAMERON DAVIS, Deceased. MARILYN DAVIS, as Administratrix, etc., Petitioner and Respondent, v. TORD NORBERG et al., Objectors and Appellants; HIGHLANDS INSURANCE COMPANY, Real Party in Interest and Respondent
219 Cal. App. 3d 663 · G006505
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a probate administrator’s surety may participate in a probate proceeding as an “interested person” under Probate Code section 48 without meeting the more stringent requirements for intervention under Code of Civil Procedure section 387, and that an administrator operating a decedent’s business under the authority of the Independent Administration of Estates Act (IAEA) is held to the objective reasonable person standard of care rather than strict liability for any losses incurred.
Statutes construed
- CCP § 1859
- CCP § 387
- CCP § 996.460
- CIV § 3541
- CIV § 3542
- PROB § 48
- PROB § 527
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
- 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
- Conservatorship of the Estate of GERALD O'CONNOR. JUDITH O'CONNOR, as Administrator, etc., Petitioner, v. OLD REPUBLIC SURETY COMPANY, Objector; OLD REPUBLIC SURETY COMPANY, Plaintiff and Respondent, v. JUDITH O'CONNOR, as Administrator, etc., Defendant and Appellant (1996) 48 Cal. App. 4th 1076
- Estate of FRANCES MANISCALCO, Deceased. UNION BANK, as Administrator, etc., Petitioner, v. CENPLEX CORPORATION, Claimant and Appellant; CITY OF EL CAJON, Movant and Respondent (1992) 9 Cal. App. 4th 520
Authorities cited (3)
- ESTATE OF JAMES E. HARVEY, Deceased. ANNIE B. HARVEY, as Administratrix etc., et al., Plaintiffs and Appellants, v. JESSE M. HARVEY, as Executor, etc., et al., Defendants and Respondents 224 Cal.App.2d 555
- Estate of SETH G. BEACH, Deceased. BANK OF CALIFORNIA, as Executor, etc., Petitioner and Respondent, v. JOETTE BEACH CARTER et al., Objectors and Appellants 15 Cal.3d 623
- Estate of MARTIN F. DWYER, Deceased. UNITED STATES OF AMERICA, Appellant, v. BERTA L. DWYER, as former Administratrix, etc., et al., Respondents 168 Cal.App.2d 264