Estate of LONNIE R. BEARD, Deceased. MERLE CABLES, as Executor, etc., Petitioner and Respondent, v. LOTTIE ANN BEARD, Objector and Appellant. Estate of LONNIE R. BEARD, Deceased. LONNIE RICHARD BEARD III et al., Petitioners and Respondents, v. LOTTIE ANN BEARD, Objector and Appellant
71 Cal. App. 4th 753 · A072114
California Court of Appeal, First Appellate District · Filed
Holding
The court held that the probate court acted within its equitable powers to rescind a compromise settlement agreement due to a material breach by a party, and that its subsequent orders, including the approval of the executor’s accounts and a revised preliminary distribution scheme, were supported by substantial evidence and were not in conflict with the rescinded agreement.
Statutes construed
- CCP § 1209
- CCP § 473
- CCP § 639
- CCP § 664.6
- PROB § 1021
- PROB § 11621
- PROB § 11622
- PROB § 800
Cited by (4)
- SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant (2005) 129 Cal. App. 4th 672
- BERNADETTE MONTEGANI, Plaintiff and Appellant, v. KARON A. JOHNSON et al., Defendants and Respondents (2008) 162 Cal. App. 4th 1231
- HEIDI J. KASPERBAUER et al., Plaintiffs and Appellants, v. WILLIAM D. FAIRFIELD, Defendant and Respondent (2009) 171 Cal. App. 4th 229
- ESTATE OF Roscoe SAPP, Sr., Deceased. Armuress Sapp et al., Petitioners and Respondents, v. Edith Rogers, Objector and Appellant. (2019) 248 Cal. Rptr. 3d 244
Authorities cited (4)
- In the Matter of the Estate of FRANCES LEONI DAM, Deceased. ARTHUR KING DAM et al., Respondents, v. FRANCIS HERBERT DAM, Appellant 126 Cal.App. 70
- Estate of IRENE L. TEEL, Deceased. JOHN E. TEEL, Appellant, v. RILMA K. GASKILL, Respondent 25 Cal.2d 520
- Estate of MARY SANDERS, Deceased. SARA SANDERS et al., Petitioners and Appellants, v. FRANK C. SUTTON, as Executor, etc., Objector and Respondent 40 Cal.3d 607
- Estate of LUCILLE HENSEL, Deceased. OTTO HENSEL, Appellant, v. RUTH LEIHY KERTZ, Respondent 144 Cal.App.2d 429