Simonini v. Passalacqua

Opinion

ROUSE, J.

Intervener Roman Catholic Bishop of Santa Rosa appeals from the trial court’s order awarding a commission on the estate sale of certain real property to real party in interest, Key land Properties, Inc. (Key land). Intervener contends that the Probate Code 1 does not authorize such a commission. We agree and reverse.

The present controversy evolves out of a partition action involving the estates of two individuals who held a joint tenancy interest in a parcel of real property. Intervener was allowed to intervene in the action because, as sole distributee of defendant estate, he…