Estate of GLADYS MILDRED LENSCH, Deceased. JASON LENSCH et al., Plaintiffs and Appellants, v. DARIN WRIGHT, as Executor, etc., Defendant and Respondent
177 Cal. App. 4th 667 · A123296
California Court of Appeal, First Appellate District · Filed
Holding
The court held that the probate court erred in denying appellants' petition without holding an evidentiary hearing to determine the order of death between the decedent and her son, as the absence of an express survivorship requirement in the will triggered the application of the antilapse statute, making the sequence of deaths a material fact requiring adjudication.
Statutes construed
- EVID § 500
- EVID § 605
- HSC § 103550
- PROB § 220
Cited by (2)
- In re AURORA P. et al., Persons Coming Under the Juvenile Court Law. ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. AURORA P., a Minor, et al., Appellants (2015) 241 Cal. App. 4th 1142
- 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 (10)
- Conservatorship of the Person and Estate of LAURA SNOW AUSTON HUME. JOHN S. WILLIAMS, as Public Guardian, etc., Petitioner and Respondent, v. WILLIAM SNOW HUME, Objector and Appellant 44 Cal.Rptr.3d 906
- Conservatorship of the Person and Estate of LAURA SNOW AUSTON HUME. JOHN S. WILLIAMS, as Public Guardian, etc., Petitioner and Respondent, v. WILLIAM SNOW HUME, Objector and Appellant 140 Cal.App.4th 1385
- Estate of ATTILIO DELLA SALA, Deceased. ANTHONY DELLA SALA, Petitioner and Appellant, v. FATHER FLANAGAN'S BOYS' HOME, Objector and Respondent 73 Cal.App.4th 463
- Estate of ANNA MAY ROWLEY, Deceased; JESSIE NORTON et al., Claimants and Appellants, v. MARY LU BUNNELL, as Executrix, etc., Claimant and Respondent 257 Cal.App.2d 324
- 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
- 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
- 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
- DEBORAH L. BURKETT, as Trustee, etc., Plaintiff and Respondent, v. PETER CAPOVILLA, Defendant and Appellant 112 Cal.App.4th 1444
- Estate of ANNA EDWARDS, Deceased. SECURITY PACIFIC NATIONAL BANK, Plaintiff and Respondent, v. DAVID E. AGNEW et al., Defendants and Appellants. PATRICIA R. FOUBERT et al., Defendants and Respondents 203 Cal.App.3d 1366