Estate of ESTELLE H. STRADER, Deceased. JANE GRANT, as Co-Administrator, etc., et al., Petitioners and Appellants, v. JAMES HIXON, Objector and Appellant
107 Cal. App. 4th 996 · B153652
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a request in a final account to distribute litigation proceeds to the beneficiaries who funded the underlying lawsuit did not violate the will’s no contest clause, as it did not thwart the testator’s unequivocally expressed intent, and further held that the probate court erred in ordering a one-ninth share of those proceeds to be distributed to the non-participating beneficiary.
Statutes construed
- PROB § 21300
- PROB § 21305
- PROB § 7250
Cited by (10)
- 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
- 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
- ROBERT QUICK, JR., Plaintiff and Appellant, v. ADRIANNE PEARSON, as Trustee, etc., Defendant and Respondent (2010) 186 Cal. App. 4th 371
- ROBERT QUICK, JR., Plaintiff and Appellant, v. ADRIANNE PEARSON, as Trustee, etc., Defendant and Respondent (2010) 186 Cal. App. 4th 371
- Estate of MARGOR DAYAN, Deceased. ERMOND JOSEPH NATHANSON, Plaintiff and Appellant, v. ANTHONY M. NATHANSON, Defendant and Respondent (2016) 5 Cal. App. 5th 29
- Estate of MARGOR DAYAN, Deceased. ERMOND JOSEPH NATHANSON, Plaintiff and Appellant, v. ANTHONY M. NATHANSON, Defendant and Respondent (2016) 5 Cal. App. 5th 29
Authorities cited (3)
- 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 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 CARL F. KRUSE, Deceased. IRENE E. KRUSE, Individually and as Executrix, etc., Petitioner and Appellant, v. SHRINERS' HOSPITAL FOR CRIPPLED CHILDREN, Objector and Appellant 7 Cal.App.3d 471