Estate of BELDON KATLEMAN, Deceased. CAROLE KATLEMAN, Petitioner and Respondent, v. ARTHUR J. CROWLEY, Objector and Appellant
13 Cal. App. 4th 51 · B062451
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a pretermission claim by an omitted surviving spouse is not defeated by a will’s no contest clause unless the clause clearly establishes that, at the time the will was executed, the testator both contemplated the possibility of a later marriage and intended to disinherit that future spouse.
Statutes construed
- CCP § 128.5
- PROB § 6560
Cited by (3)
- ESTATE OF PAUL RANDALL MOWRY, JR., Deceased. TONI MOWRY MACDONALD, Petitioner and Appellant, v. JOE ALLEN MOWRY, as Executor, etc., Objector and Respondent (2003) 107 Cal. App. 4th 338
- ROBYN R. TUNSTALL, Plaintiff and Respondent, v. ELIZABETH H. WELLS, Individually and as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 554
- SUSAN DOOLITTLE, Plaintiff, Cross-defendant and Appellant, v. EXCHANGE BANK, as Trustee, etc., Defendant, Cross-complainant and Respondent (2015) 241 Cal. App. 4th 529
Authorities cited (13)
- Estate of EUDICE L. FRIEDMAN, Deceased. JOYCE D. GRUNAUER, Petitioner and Appellant, v. DANIEL FRIEDMAN, Objector and Respondent; UNITED CALIFORNIA BANK, as Executor, etc., Respondent 100 Cal.App.3d 810
- Estate of ALICE I. FULLER, Deceased. ELIZABETH FULLER PIERRONG, Appellant, v. ANTOINETTE FULLER McMUNN et al., Respondents 143 Cal.App.2d 820
- Lobb v. Brown 208 Cal. 476
- Estate of HELEN L. BASORE, Deceased. HOWARD E. BASORE, Petitioner and Respondent, v. PASADENA HOME FOR THE AGED, Claimant and Appellant; JAMES O. ROSS, as Special Administrator, etc., et al., Claimants and Respondents 19 Cal.App.3d 623
- Estate of MYRTLE IVEY BARNES Deceased. ROBERT ERLE HENDERSON, as Executor, etc., Petitioner and Respondent, v. GENE SNOW et al., Claimants and Appellants 63 Cal.2d 580
- Estate of GEORGE G. MUNSON, Deceased. DIVISION OF WORLD MISSIONS OF THE BOARD OF MISSIONS OF THE METHODIST CHURCH (a Nonprofit Corporation), Appellant, v. CARRIE OLIVE CLINE et al., Respondents 164 Cal.App.2d 146
- Estate of JOSEPH FRANK HOLTERMANN, Deceased. RITA MARIE NEWMAN, Claimant and Appellant, v. ROMAN CATHOLIC BISHOP et al., Objectors and Respondents 206 Cal.App.2d 460
- Estate of DOROTHY MAE BAKER, Deceased. ALTA CLIFFORD POTTER, as Executrix, etc., et al., Petitioners and Appellants, v. CLARENCE BAKER COLEMAN et al., Contestants and Respondents; CLARENCE BAKER COLEMAN et al., Plaintiffs and Respondents, v. ALTA CLIFFORD POTTER, Defendant and Appellant 131 Cal.App.3d 471
- Estate of ANTONIO LEONETTI, Deceased, and ROSE LEONETTI, Deceased. DANTE MENEGUZZI et al., Petitioners and Respondents, v. VINCENT LEONETTI, as Executor, etc., Objector and Appellant 115 Cal.App.3d 378
- Estate of DALE SMITH, Deceased. DULCIE MAY SMITH, et al., Petitioners and Appellants, v. RALPH R. ATKINSON, as Executor, etc., et al., Claimants and Respondents 9 Cal.3d 74
- JOHN POAG et al., as Co-trustees, etc., Plaintiffs and Appellants, v. LAURA WINSTON, Defendant and Respondent 195 Cal.App.3d 1161
- Estate of JAMES W. DODGE, Deceased; BARBARA DODGE GILL, Petitioner and Appellant, v. DOLORES STONE, Claimant and Respondent 6 Cal.3d 311
- Estate of RUSSELL DONOVAN SHANNON, Deceased. GILBERT A. BROWN, as Executor, etc., Petitioner and Appellant, v. BEATRICE MARIE SALESKI, Objector and Respondent 224 Cal.App.3d 1148