Ferrero v. Ferrero

I dissent. The order appealed from purports to adjudicate title between the respondent, Aldo Perrero, and the beneficiaries of an insurance policy issued by Bankers Life Company on the life of the decedent. It determines that the proceeds belong to respondent and directs that they be applied toward the purchase price of decedent’s interest in the business.

The probate court has no jurisdiction over the subject matter of this part of the order and the order to this extent is void. (Capital Bond etc. Co. v. Hood, 218 Cal. 729 [24 P.2d 765]; Rogers v. Cady, 104 Cal. 288 [38 P. 81, 43 Am. St.Rep.…