Crocker National Bank v. Kelly

Opinion

FLEMING, J.

The executor of the estate of Rembert C. Anderson (decedent) appeals the probate court’s denial of a family allowance to the surviving spouse. The controlling statute is Probate Code section 680, which provides that in an insolvent estate, family allowance “must not *1012continue longer than one year after granting letters.”1 The probate court, based its denial of family allowance on a finding of insolvency, which in turn it deduced from the existence of civil actions filed by nieces and nephews of decedent (respondents) against the estate for damages in excess of the value of…