Legal Opinion
Aviles v. Swearingen
California Court of Appeal, 5th District
Decided October 23, 2017No. 2d Civil No. B281420PublishedCited by 3 opinions
1Opinion of the CourtYegan, J.
*488In this case of first impression, we apply newly enacted Probate Code section 21310. If, in theory, this could lead to a debatable result, so be it. There is no "play in the joints" in probate law, as Chief Justice Rehnquist would say. We "strictly" follow probate law as given to us by the Legislature. ( Estate of Shellenbarger (2008) 169 Cal.App.4th 894, 896, 86 Cal.Rptr.3d 862.)
Tracy J. Swearingen appeals from an order denying her petition to enforce a no contest clause and disinherit Jose Francisco Aviles as a trust beneficiary of the Margaret B. Chappell Living Trust. The trial court…
2Cases cited7 opinions
- Burch v. GeorgeCalifornia Supreme Court · 1994
- Donkin v. DonkinCalifornia Supreme Court · 2013
- Giammarrusco v. SimonCalifornia Court of Appeal · 2009
- Doolittle v. Exchange BankCalifornia Court of Appeal · 2015
- Meyer v. MeyerCalifornia Court of Appeal · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of O'Connor v. O'Connor, California Court of Appeal, 5th District2018
- 65282 Two Bunch Palms Building LLC v. Coastal Harvest II, LLCCalifornia Court of Appeal · 2023
- Estate of O'ConnorCalifornia Court of Appeal · 2018