California Court of Appeal

Trial court's judgment denying appellants' petition to determine survival and to determine persons entitled to distribution of the estate of their grandmother is reversed and remanded where: 1) although the trial court was correct in finding that the will contained no survivorship requirement, it erred in denying appellants' petition on this basis as it did not understand the legal consequences of the lack of survivorship requirement in the will; and 2) the trial court should have held an evidentiary hearing on the issue of testator's son's time of death.

Appellate Information

• Decided 09/09/2009
• Published 09/09/2009

Judges

• HAERLE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Margaret M. Hand, Law Offices of Margaret M. Hand, PC, Oakland, for Plaintiffs and Appellants.


• For Appellees:
  
• Alfred S. Wilkins, Redding, Elizabeth W. Johnson, Weaverville, Wilkins & Johnson, Elliot L. Bien, Novato, Catherine S. Meulemans, Bien & Summers, for Defendant and Respondent.