Estate of THOMAS HORN, Deceased. JULIA K. SLUSHER, Contestant and Appellant, v. ROXANN M. BURNETT, Claimant and Respondent

219 Cal. App. 3d 67 · D008923

California Court of Appeal, Fourth Appellate District · Filed March 26, 1990

Holding

The court held that a probate court must treat a timely filed preprobate will contest, brought under former Probate Code section 370, as a postprobate contest under section 380 after the will has been admitted to probate, provided the pleading contains the requisite allegations and the contestant makes such a request.

Statutes construed

PROB § 370

Cited by (2)

HUGH J. McMACKIN, Plaintiff and Respondent, v. KELEIAN McGINNESS EHRHEART, Individually and as Administrator, etc., et al., Defendants and Appellants (2011) 194 Cal. App. 4th 128
Estate of ROBERT CLINTON MOSS, SR., Deceased. BARRY D. MOSS, Contestant and Appellant, v. LORRAINE BERGERON MOSS, as Executor, etc., Claimant and Respondent (2012) 204 Cal. App. 4th 521

Authorities cited (1)

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