Estate of JEAN MARIE MOONEY, Deceased. ANNE SCULLY, as Co-administrator, etc., et al., Petitioners and Appellants, v. THOMAS MURPHY et al., Claimants and Respondents

169 Cal. App. 4th 654 · A121935

California Court of Appeal, First Appellate District · Filed December 22, 2008

Holding

The court held that the probate court erred in its application of California’s antilapse statute by distributing the residuary estate equally among all seven nieces and nephews; the correct construction of Probate Code sections 21110 and 240 requires a per stirpes distribution, whereby the four children of Doris Murphy divide her one-half share and the three children of Lucile Scully divide her one-half share.

Statutes construed

PROB § 21110

Cited by (2)

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 Cheryl D. STOCKIRD, Deceased. Bruce Ramsden, Contestant and Respondent, v. John L. Aguirre, Sr., Individually and as Administrator, etc., Claimant and Appellant. (2018) 241 Cal. Rptr. 3d 713

Authorities cited (1)

Estate of ETHEL IONE BEGLEY, Deceased. LLOYD CRIPPS, as Administrator, etc., Petitioner and Respondent, v. CLAUDIA LARSEN, Claimant and Appellant; MARGORIE McKINLEY et al., Claimants and Respondents 201 Cal.App.3d 791