Estate of ROBERT CLINTON MOSS, SR., Deceased. BARRY D. MOSS, Contestant and Appellant, v. LORRAINE BERGERON MOSS, as Executor, etc., Claimant and Respondent

204 Cal. App. 4th 521 · D058547

California Court of Appeal, Fourth Appellate District · Filed March 20, 2012

Published · citable Cites 2

Holding

The court held that service of a postprobate contest petition on the executor's attorney of record constituted valid service, rendering the executor's subsequent demurrer untimely, and that the statutory bar against successive will contests did not apply where a preprobate contest was never adjudicated on its merits.

Statutes construed

BPC § 6068
CCP § 416.10
CCP § 416.90
CCP § 465
CCP § 473
PROB § 8250

Authorities cited (2)

Estate of THOMAS HORN, Deceased. JULIA K. SLUSHER, Contestant and Appellant, v. ROXANN M. BURNETT, Claimant and Respondent 219 Cal.App.3d 67
In the Matter of the Estate of HENRY HOOVER, etc., Deceased. GERTRUDE HOOVER, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation) et al., Respondents 139 Cal.App. 753