Bennett v. Smith Heavy Industrial Transit Corp.

Opinion

RYLAARSDAM, Acting P. J.

— Claimants Smith Heavy Industrial Transit Corporation and Advanced Development Holdings, Inc. (collectively, Smith), appeal from a probate court order granting the motion of petitioners Lu Ella Bennett, Jack H. Bennett, Jr., and Louise Comer to set aside and rescind a settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). (Prob. Code, § 11604; all further statutory references are to the Probate Code unless otherwise indicated.) In addition, Smith filed a motion in this court to take evidence and make findings.…