California Court of Appeal

In a probate action, trial court judgment limiting the distribution of an estate to surviving first cousins and the children of predeceased first cousins is reversed where surviving issue includes all lineal descendants of all generations and therefore the decedent's estate must be divided into as many shares as there are first cousins who survived the decedent and first cousins who predeceased the decedent but left surviving issue of any generation.

Appellate Information

• Decided 05/21/2009
• Published 05/21/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Machado & Machado and Robert A. Machado, San Jose, for Objector and Appellant.


• For Appellees:
  
• Hulsy & Hulsy and James R. Hulsy, Bakersfield, for Petitioner and Respondent.