Legal Opinion

Heiser v. Superior Court

California Court of Appeal

Decided January 15, 1979No. Civ. 17869PublishedCited by 11 opinions

1Opinion of the Court

Opinion

PARAS, J.

Petitioners, executors of the estate of Tillie Lewis, seek á writ of prohibition after the Superior Court of San Joaquin County, sitting in probate, granted real party’s request for a jury trial.

Matthew L. Lewis, real party, is the executor of the estate of Meyer Lewis, Tillie’s predeceased husband. On June 27, 1977, Matthew filed a petition in Tillie’s estate under Probate Code section 851.5 claiming that all of Tillie’s assets were community property, one-half of which therefore belong to Meyer’s estate. Hearing was promptly set for February 6, 1978. Petitioners filed a…

2Cases cited9 opinions

  1. Middlebrook v. PerkinsCalifornia Supreme Court · 1943
  2. Estate of BeachCalifornia Supreme Court · 1975
  3. In re Estate of SandersonCalifornia Supreme Court · 1887
  4. Bright v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1947
  5. Estate of Van DeusenCalifornia Supreme Court · 1947

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Horan v. RoanCalifornia Court of Appeal · 2011
  2. Estate of PhelpsCalifornia Court of Appeal · 1990
  3. Estate of SaylesCalifornia Court of Appeal · 1982
  4. Estate of BaumannCalifornia Court of Appeal · 1988
  5. Estate of LinnickCalifornia Court of Appeal · 1985

6 more not listed; retrieve them via the Exa API.

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