Estate of DONALD R. SCOTT GOULET, Deceased. JOHN J. FERRY, as Executor, etc., et al., Petitioners and Appellants, v. ESTHER MONTELLO GOULET, Claimant and Respondent
10 Cal. 4th 1074 · S042636
Supreme Court of California · Filed
Published · citable
Cited by 6
Holding
The court held that a trustee, acting in a representative capacity, possesses standing to appeal a probate court order issued under Probate Code section 21320 that determines a beneficiary’s proposed claim would not violate the trust’s no contest clause, as the trustee is a "party aggrieved" within the meaning of Code of Civil Procedure section 902.
Statutes construed
- CCP § 663
- CCP § 902
- PROB § 11422
- PROB § 15002
- PROB § 16003
- PROB § 21320
- PROB § 34
- PROB § 9354
Cited by (6)
- BAKER MANOCK & JENSEN, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; MARVIN R. SALWASSER, as Administrator, etc., Real Party in Interest (2009) 175 Cal. App. 4th 1414
- Estate of HANS BARTSCH, Deceased. ARDNT PELTNER, as Executor, etc., Petitioner and Respondent, v. NORMAN BARTSCH HERTERICH, Objector and Appellant (2011) 193 Cal. App. 4th 885
- EDWARD C. BRIDGEMAN, Plaintiff and Appellant, v. DONNA J. ALLEN, Defendant and Respondent, BEVERLY J. BRITO, as Trustee, etc., Objector and Respondent (2013) 219 Cal. App. 4th 288
- ESTATE OF Norman CASSERLEY, Deceased. Theresa Hawkins, as administrator, etc., Plaintiff and Respondent, v. Emerita Cruz Joya, Objector and Appellant. (2018) 232 Cal. Rptr. 3d 129
- KENNETH N. EDWARDS, as Cotrustee, etc., Plaintiff and Respondent, v. EDWARD D. EDWARDS, as Cotrustee, etc., et al., Defendants and Appellants (1998) 61 Cal. App. 4th 599
- Estate of JAMES M. FERBER, Deceased; SANDRA PLUMLEIGH, Petitioner and Respondent, v. RICHARD E. FERBER, Individually and as Executor, etc., Objector and Appellant (1998) 66 Cal. App. 4th 244