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

Published · citable Cited by 2 Cites 2

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.

Cited by (2)

Authorities cited (2)

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