Estate of ATTILIO DELLA SALA, Deceased. ANTHONY DELLA SALA, Petitioner and Appellant, v. FATHER FLANAGAN'S BOYS' HOME, Objector and Respondent
73 Cal. App. 4th 463 · C027688
California Court of Appeal, Third Appellate District · Filed
Holding
The court held that the burden of proof rests upon an omitted child seeking to inherit as a pretermitted heir to establish that the testator failed to provide for them in the will solely because the testator believed the child was dead, and that the evidence supported the trial court's finding that the testator did not hold such a belief.
Statutes construed
- EVID § 500
- PROB § 6572
Cited by (3)
- ESTATE OF PAUL RANDALL MOWRY, JR., Deceased. TONI MOWRY MACDONALD, Petitioner and Appellant, v. JOE ALLEN MOWRY, as Executor, etc., Objector and Respondent (2003) 107 Cal. App. 4th 338
- Estate of EMIL DeLORETO, Deceased. MILDRED LAVADO et al., Petitioners and Appellants, v. JAMES M. DeLORETO, as Trustee, etc., et al., Objectors and Respondents (2004) 118 Cal. App. 4th 1048
- Estate of GLADYS MILDRED LENSCH, Deceased. JASON LENSCH et al., Plaintiffs and Appellants, v. DARIN WRIGHT, as Executor, etc., Defendant and Respondent (2009) 177 Cal. App. 4th 667