VERGIE M. OLSON et al., Plaintiffs and Appellants, v. JOANN STEEVES TOY, as Trustee, etc., et al., Defendants and Respondents
46 Cal. App. 4th 818 · C020806
California Court of Appeal, Third Appellate District · Filed
Holding
The court held that the trial court erred in sustaining the demurrers for lack of standing, as the plaintiffs, heirs and devisees of the decedent, had statutory authority under Probate Code section 9654 to maintain an action for a constructive trust—an equitable remedy effectively seeking possession of property—and further possessed standing to sue due to special circumstances where the personal representative, also the trustee, was an adverse party.
Statutes construed
- CCP § 1008
- CCP § 1060
- CCP § 377.30
- CCP § 389
- PROB § 9650
- PROB § 9654
- PROB § 9820
Cited by (2)
- ARTHUR C. HIGGINS, as Executor, etc., Plaintiff and Appellant, v. MARIA LUPE HIGGINS, Defendant and Respondent (2017) 11 Cal. App. 5th 648
- Estate of LAURA MARIE LOWRIE, Deceased. LYNELLE L. GOODREAU, Petitioner and Respondent, v. SHELDON LAWRENCE LOWRIE, as Trustee, etc., Objector and Appellant (2004) 118 Cal. App. 4th 220
Authorities cited (2)
- JOHN M. BOHN et al., Plaintiffs and Appellants, v. CHRISTINE M. SMITH, Defendant and Respondent 252 Cal.App.2d 678
- Holland v. McCarthy 177 Cal. 507