LORRAINE JACOBS-ZORNE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN SWONETZ, Real Party in Interest
46 Cal. App. 4th 1064 · B091618
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a petition filed by a surviving spouse under Probate Code section 9860 to determine the ownership of certain bank accounts as joint tenancy property, rather than as probate assets, did not constitute a contest or attack on the will within the meaning of the instrument’s in terrorem clause.
Statutes construed
- CCP § 437c
- CCP § 904.1
- PROB § 21300
- PROB § 21304
- PROB § 21320
- PROB § 24
- PROB § 7240
- PROB § 851.5
- PROB § 9860
Cited by (4)
- Estate of ESTELLE H. STRADER, Deceased. JANE GRANT, as Co-Administrator, etc., et al., Petitioners and Appellants, v. JAMES HIXON, Objector and Appellant (2003) 107 Cal. App. 4th 996
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents (1997) 56 Cal. App. 4th 1410
- Estate of VAL PITTMAN, Deceased. JANIS PITTMAN et al., Petitioners and Respondents, v. SUSAN LEE et al., Objectors and Appellants (1998) 63 Cal. App. 2d 290
- Estate of Kaila (2001) 114 Cal. Rptr. 2d 865
Authorities cited (7)
- GLORIA ANN GRAHAM, Plaintiff and Appellant, v. ROBERT F. LENZI, Defendant and Appellant 37 Cal.App.4th 248
- Estate of WILLIAM J. ZAPPETTINI, Deceased. THELMA D. ZAPPETTINI, Claimant and Appellant, v. NORMA FERROGGIARO et al., Petitioners and Appellants 223 Cal.App.2d 424
- 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 EDGAR LAURENCE DOW, Deceased. MAXINE PATRICIA HUTCHINSON, Appellant, v. MAXINE B. DOW, Individually and as Administratrix With the Will Annexed, etc., Respondent 149 Cal.App.2d 47
- Estate of ANGELEN KAZIAN, Deceased. SECURITY PACIFIC NATIONAL BANK, as Executor, etc., et al., Petitioners and Respondents, v. ONIG KAZIAN, Claimant and Appellant 59 Cal.App.3d 797
- Estate of MAURICIO RICHTER, Deceased; SYLVIA RICHTER, Petitioner and Appellant, v. FRANK S. VARGA et al., Objectors and Respondents 12 Cal.App.4th 1361
- Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants 160 Cal.App.3d 582