Legal Opinion

Downing v. Downing

California Court of Appeal

Decided May 23, 1980No. Civ. 58561PublishedCited by 4 opinions

1Opinion of the Court

Opinion

FILES, P. J.

The matter to be decided is a motion to dismiss an appeal by a citee from an order of the probate court denying a request for an award of expenses under Probate Code section 613. We have concluded that the order is not appealable.

The decedent and his son, the appellant, were attorneys, associated in a law practice. On October 27, 1978, one of the executrices of the estate filed a petition in the probate court alleging that she suspected that appellant had in his possession writings and assets belonging to the estate; and that he had failed to account to the executrices for…

2Cases cited5 opinions

  1. Security First National Bank v. GrantCalifornia Supreme Court · 1964
  2. Estate of SchechtmanCalifornia Supreme Court · 1955
  3. McCarthy v. Superior CourtCalifornia Court of Appeal · 1944
  4. Estate of OlmsteadCalifornia Supreme Court · 1932
  5. Estate of MooreCalifornia Court of Appeal · 1974

3Cited by4 opinions

  1. In Re Estate of StoddartCalifornia Court of Appeal · 2004
  2. Estate of LinnickCalifornia Court of Appeal · 1985
  3. Berg, Spire, Miller & Fraade v. AgnewCalifornia Court of Appeal · 1985
  4. Wilson v. HallCalifornia Court of Appeal · 2004

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