Estate of JAMES M. FERBER, Deceased; SANDRA PLUMLEIGH, Petitioner and Respondent, v. RICHARD E. FERBER, Individually and as Executor, etc., Objector and Appellant
66 Cal. App. 4th 244 · G018512
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a probate court, in a safe-harbor proceeding under Probate Code section 21320, may determine whether a provision within a no-contest clause violates public policy as a matter of law, but it erred in this case by invalidating a clause that disinherited a beneficiary for unsuccessfully petitioning to remove an executor.
Statutes construed
- PROB § 10400
- PROB § 21320
Cited by (12)
- JENNY HERMANSON et al., Plaintiffs and Appellants, v. JEFFREY HERMANSON, as Trustee, etc., et al., Defendants and Respondents (2003) 108 Cal. App. 4th 441
- Estate of EDWIN D. DAVIES, Deceased. PATRICIA W. DAVIES, Petitioner and Respondent, v. TIMOTHY CAMERON et al., Objectors and Appellants (2005) 127 Cal. App. 4th 1164
- ROBYN R. TUNSTALL, Plaintiff and Respondent, v. ELIZABETH H. WELLS, Individually and as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 554
- WILLIAM R. HEARST II et al., Plaintiffs and Appellants, v. VICTOR F. GANZI, as Cotrustee, etc., et al., Defendants and Respondents (2006) 145 Cal. App. 4th 1195
- JACQUELINE S. COLBURN et al., Plaintiffs and Appellants, v. THE NORTHERN TRUST COMPANY, as Trustee, etc., et al., Defendants and Appellants (2007) 151 Cal. App. 4th 439
- JAMES CHRISTOPHER BRADLEY, Plaintiff and Appellant, v. AMELIA GILBERT, as Trustee, etc., Defendant and Appellant (2009) 172 Cal. App. 4th 1058
- CHRISTOPHER GENE FAZZI, Plaintiff and Respondent, v. NORMA JEAN KLEIN, Defendant and Appellant (2010) 190 Cal. App. 4th 1280
- Estate of GLADYS N. PETERSON, Deceased. SANDRA SUE O'DELL, as Executor, etc., Petitioner and Respondent, v. PATRICIA M. McKENNA, Objector and Appellant (1999) 72 Cal. App. 4th 431
- Estate of Kaila (2001) 114 Cal. Rptr. 2d 865
- Estate of Kaila (2001) 114 Cal. Rptr. 2d 865
- Estate of KATHLEEN T. HOFFMAN, Deceased; MYRA H. BELFIORE et al., Petitioners and Appellants, v. THOMAS L. HOFFMAN, as Co-executor, etc., et al., Objectors and Respondents (2002) 97 Cal. App. 4th 1436
- ANDREW KEATING FORTHMANN as Cotrustee, etc., et al., Plaintiffs and Respondents, v. JOHN F. BOYER, Defendant and Appellant (2002) 97 Cal. App. 4th 977
Authorities cited (6)
- 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
- Estate of JAMES EFFRON, Deceased; BANK OF AMERICA, as Executor, etc., Petitioner and Respondent, v. CHERYL L. KOSLOW et al., Objectors and Appellants 117 Cal.App.3d 915
- Estate of MARGARET S. BULLOCK, Deceased; MARY MARGARET FEWEL SMITH et al., Plaintiffs and Appellants, v. M. BRUCE GILREATH, as Trustee, etc., Defendant and Respondent; MARY MARGARET FEWEL SMITH et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; M. BRUCE GILREATH, as Trustee, etc., Real Party in Interest 264 Cal.App.2d 197
- GLORIA ANN GRAHAM, Plaintiff and Appellant, v. ROBERT F. LENZI, Defendant and Appellant 37 Cal.App.4th 248
- Estate of PAUL R. PARRETTE, Deceased. ANNE-LISE PARRETTE et al., Petitioners and Respondents, v. S. R. HUTCHISON, as Trustee, etc., Objector and Appellant 165 Cal.App.3d 157
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents 56 Cal.App.4th 1410