Legal Opinion

Dye v. Battles

California Court of Appeal

Decided October 9, 2001No. C035887PublishedCited by 25 opinions

1Opinion of the Court

Opinion

MORRISON, J.

This case illustrates the danger of using preprinted wills. Decedent Haskell J. Dye had two natural sons who were adopted away (with his consent) by his first wife’s new husband (Arthur Battles) in 1959. Under the law at that time, this cut off their right to inherit from him. The law was changed, effective 1985, to permit some adopted-out children to inherit from their natural parents. In 1989 decedent and his second wife Eleanor signed reciprocal form wills, leaving their property to each other. Eleanor died in January, 1999. Decedent died on June 17, 1999.

Scott T. Dye,…

2Cases cited50 opinions

  1. Estate of RussellCalifornia Supreme Court · 1968
  2. Hembree v. QuinnCalifornia Supreme Court · 1968
  3. Estate of DodgeCalifornia Supreme Court · 1971
  4. Estate of GriswoldCalifornia Supreme Court · 2001
  5. Davey v. Los Angeles County Bureau of AdoptionsCalifornia Supreme Court · 1960

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3Cited by25 opinions

  1. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
  2. Alameda County Flood Control & Water Conservation District v. Department of Water ResourcesCalifornia Court of Appeal · 2013
  3. TRACKMAN v. KenneyCalifornia Court of Appeal · 2010
  4. NILES FREEMAN EQUIPMENT v. JosephCalifornia Court of Appeal · 2008
  5. Trolan v. Trolan, California Court of Appeal, 5th District2019

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