Estate of Kaila
114 Cal. Rptr. 2d 865 · D036065
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a probate court may consider extrinsic evidence in a Probate Code section 21320 proceeding to determine the meaning and intent of a no contest clause, but that such a proceeding must not resolve the merits of the underlying proposed action.
Statutes construed
- PROB § 21320
- PROB § 6111.5
Cited by (22)
- EDWARD BENNETT GREGGE, Plaintiff and Appellant, v. MICHAEL HUGILL, as Trustee, etc., Defendant and Respondent (2016) 1 Cal. App. 5th 561
- EDWARD BENNETT GREGGE, Plaintiff and Appellant, v. MICHAEL HUGILL, as Trustee, etc., Defendant and Respondent (2016) 1 Cal. App. 5th 561
- Estate of BERNICE E. STODDART, Deceased. HELEN WILSON, Petitioner and Appellant, v. THOMAS J. HALL, as Executor, etc., et al., Objectors and Respondents; HELEN WILSON, Plaintiff and Appellant, v. THOMAS J. HALL, as Trustee, etc. Defendant and Respondent (2004) 115 Cal. App. 4th 1118
- Estate of BERNICE E. STODDART, Deceased. HELEN WILSON, Petitioner and Appellant, v. THOMAS J. HALL, as Executor, etc., et al., Objectors and Respondents; HELEN WILSON, Plaintiff and Appellant, v. THOMAS J. HALL, as Trustee, etc. Defendant and Respondent (2004) 115 Cal. App. 4th 1118
- 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
- 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
- WELLY ZWIRN, Plaintiff and Appellant, v. HANNY SCHWEIZER, as Acting Successor Trustee, etc., Defendant and Respondent (2005) 134 Cal. App. 4th 1153
- WELLY ZWIRN, Plaintiff and Appellant, v. HANNY SCHWEIZER, as Acting Successor Trustee, etc., Defendant and Respondent (2005) 134 Cal. App. 4th 1153
- ROBYN R. TUNSTALL, Plaintiff and Respondent, v. ELIZABETH H. WELLS, Individually and as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 554
- ROBYN R. TUNSTALL, Plaintiff and Respondent, v. ELIZABETH H. WELLS, Individually and as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 554
- 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
- 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
- DAVID WILLIAM BETTS, Plaintiff and Appellant, v. CITY NATIONAL BANK, as Trustee, etc., Defendant and Respondent (2007) 156 Cal. App. 4th 222
- DAVID WILLIAM BETTS, Plaintiff and Appellant, v. CITY NATIONAL BANK, as Trustee, etc., Defendant and Respondent (2007) 156 Cal. App. 4th 222
- STEPHEN MEYER, Plaintiff and Appellant, v. HERBERT G. MEYER, as Trustee, etc., Defendant and Respondent (2008) 162 Cal. App. 4th 983
- STEPHEN MEYER, Plaintiff and Appellant, v. HERBERT G. MEYER, as Trustee, etc., Defendant and Respondent (2008) 162 Cal. App. 4th 983
- ROBERT SCHWARTZ, Plaintiff and Appellant, v. NICOLETTE SCHWARTZ, as Trustee, etc., Defendant and Respondent (2008) 167 Cal. App. 4th 733
- ROBERT SCHWARTZ, Plaintiff and Appellant, v. NICOLETTE SCHWARTZ, as Trustee, etc., Defendant and Respondent (2008) 167 Cal. App. 4th 733
- DONALD D. COOK, JR., as Trustee, etc., Plaintiff and Respondent, v. DANIEL W. COOK, Defendant and Appellant (2009) 177 Cal. App. 4th 1436
- DONALD D. COOK, JR., as Trustee, etc., Plaintiff and Respondent, v. DANIEL W. COOK, Defendant and Appellant (2009) 177 Cal. App. 4th 1436
- PATRICIA BALIAN, Plaintiff and Respondent, v. ALEXANDER G. BALIAN, as Cotrustee, etc., et al., Defendants and Appellants (2009) 179 Cal. App. 4th 1505
- PATRICIA BALIAN, Plaintiff and Respondent, v. ALEXANDER G. BALIAN, as Cotrustee, etc., et al., Defendants and Appellants (2009) 179 Cal. App. 4th 1505
Authorities cited (11)
- 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
- LORRAINE JACOBS-ZORNE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN SWONETZ, Real Party in Interest 46 Cal.App.4th 1064
- Estate of LAURA NORTON BROWN, Deceased; FIRST WESTERN BANK AND TRUST COMPANY, as Trustee, etc., Petitioner, v. BEVERLY BROWN, Individually and as Guardian ad Litem, etc., et al., Objectors and Appellants; DOUGLAS BROWN et al., Claimants and Respondents 199 Cal.App.2d 274
- Newman v. Wells Fargo Bank 14 Cal.4th 126
- Estate of HELEN L. BASORE, Deceased. HOWARD E. BASORE, Petitioner and Respondent, v. PASADENA HOME FOR THE AGED, Claimant and Appellant; JAMES O. ROSS, as Special Administrator, etc., et al., Claimants and Respondents 19 Cal.App.3d 623
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents 56 Cal.App.4th 1410
- Estate of ARTHUR N. WATSON, Deceased. VIRGIL MABRY et al., Petitioners and Respondents, v. JO ANN ADAMS et al., Objectors and Appellants 177 Cal.App.3d 569
- Estate of MAURICIO RICHTER, Deceased; SYLVIA RICHTER, Petitioner and Appellant, v. FRANK S. VARGA et al., Objectors and Respondents 12 Cal.App.4th 1361
- Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants 160 Cal.App.3d 582
- 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
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents 56 Cal.App.4th 1410