Martinez v. Anderson

OPINION

WOOD, Judge.

This case involves the doctrine of advancements. We (1) refer to certain procedural matters and discuss (2) whether the advancement provision of the Probate Code applies; (3) whether the doctrine of advancements applies to intestate proceedings; (4) the presumption of an advancement; (5) evidence to rebut the presumption; and (6) evidence of advancement apart from any presumption.

Inasmuch as all persons involved in this litigation were at one time named Martinez, we refer to them by their first names.

Theresita, the first wife of Candido, died in 1922 or 1923. There were…