Legal Opinion

Estate v. Aguirre

California Court of Appeal, 5th District

Decided December 19, 2018No. A152538Published

1Opinion of the CourtMargulies, Acting P. J.

*560Cheryl D. Stockird died, leaving a handwritten will that transferred "all my property and everything I may be entitled to inherit" to her life partner, John L. Aguirre, Sr., and an aunt related by marriage, Patricia Ambrose. The will did not include alternative provisions for disposition of the shares if either gift lapsed. Ambrose died before Stockird.

After Stockird died, her will was admitted to probate. Aguirre petitioned the probate court for an order declaring he is entitled to Stockird's entire estate as the sole surviving residuary beneficiary under Probate Code1 section 21111,…

2Cases cited10 opinions

  1. Estate of RussellCalifornia Supreme Court · 1968
  2. Hembree v. QuinnCalifornia Supreme Court · 1968
  3. Bruns v. E-Commerce Exchange, Inc.California Supreme Court · 2011
  4. DeParcq v. O'BrienCalifornia Supreme Court · 1938
  5. In Re Estate of MurphyCalifornia Supreme Court · 1909

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