McDonald v. Carroll

OPINION

BAKER, Justice.

Robert McDonald appeals from an adverse summary judgment which denied him the relief he requested in a statutory bill of review filed pursuant to section 31 of the Probate Code. 1 He contends that such a bill of review was proper to revise or correct a substantial error in the probate court’s order approving the administrator’s final accounting. We agree.

Beverly Joan Carroll died intestate. She was survived by her husband, David Carroll, and her only child, Robert McDonald. David Carroll was the administrator of the estate. His final account appraised the total community…