Estate of JACK HARRY BENNETT, Deceased. LU ELLA BENNETT et al., Petitioners and Respondents, v. SMITH HEAVY INDUSTRIAL TRANSIT CORPORATION et al., Claimants and Appellants
163 Cal. App. 4th 1303 · G038208
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the probate court erred by denying appellants’ request for an evidentiary hearing to resolve material factual disputes concerning the validity of a settlement agreement and assignment of estate interests, which are governed by the rules of practice for contested probate proceedings.
Statutes construed
- CCP § 2009
- CCP § 366.2
- CCP § 909
- CIV § 1614
- PROB § 1022
- PROB § 11604
Cited by (4)
- 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
- Estate of JANICE HELENE KRAUS, Deceased. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners and Respondents, v. DAVID KRAUS, Objector and Appellant (2010) 184 Cal. App. 4th 103
- County Lines Holdings, LLC v. McClanahan (2018) 232 Cal. Rptr. 3d 272
- CONSERVATORSHIP OF the Person of O.B. T.B. et al., as Coconservators, etc., Petitioners and Respondents, v. O.B., Objector and Appellant. (2019) 244 Cal. Rptr. 3d 192
Authorities cited (4)
- Estate of ALICE P. SIMMONS, Deceased. CALVIN OTIS TOWNSEND, Petitioner and Appellant, v. CAROLINE SKIDMORE BINGMAN, as Administratrix With the Will Annexed, Objector and Respondent 217 Cal.App.2d 580
- Estate of VIRGINIA L. PETERSON, Deceased; JACK ROBERTSON, as Executor, etc., Petitioner and Respondent, v. MARGARET M. WILBER et al., Objectors and Respondents; ARTHRITIS AND RHEUMATISM FOUNDATION, Objector and Appellant 259 Cal.App.2d 492
- Estate of ROBERT A. DUNCAN, Deceased. PATRICIA GENIAC, Petitioner and Appellant, v. RALPH KAPLAN, Objector and Respondent 1 Cal.App.3d 212
- RICHARD F. EVANGELHO et al., Plaintiffs and Respondents, v. DARLENE T. PRESOTO, Defendant and Appellant 67 Cal.App.4th 615