Legal Opinion

Security Trust & Savings Bank v. Superior Court

California Court of Appeal

Decided June 25, 1937No. Civ. 2034PublishedCited by 6 opinions

1Opinion of the CourtBarnard, P. J.

—This is a proceeding in prohibition by which it is sought to restrain the respondent court from entering a decree of partial distribution in an estate.

The will of John M. Weisbrod was admitted to probate by an order entered on January 10, 1936. More than six months thereafter and on August 29, 1936, the Security Trust & Savings Bank, as guardian of an incompetent son of the deceased, filed a petition seeking the revocation- of the probate of this will and the vacation of letters testamentary on the ground that the will was invalid for a number of reasons, including a lack of testamentary…

2Cases cited15 opinions

  1. In Re Estate of BakerCalifornia Supreme Court · 1915
  2. Estate of DavisCalifornia Supreme Court · 1902
  3. Tracy v. MuirCalifornia Supreme Court · 1907
  4. San Diego Trust & Savings Bank v. HeustisCalifornia Court of Appeal · 1932
  5. Whitten v. La PlanteCalifornia Supreme Court · 1925

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3Cited by6 opinions

  1. Voyce v. Superior CourtCalifornia Supreme Court · 1942
  2. In Re the Will of CoxSupreme Court of North Carolina · 1961
  3. Estate of WaltersCalifornia Court of Appeal · 1949
  4. Hauser v. StoddardCalifornia Supreme Court · 1937
  5. Stimmel v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1949

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