Legal Opinion
Bodine v. Superior Court
California Court of Appeal
Decided November 8, 1962No. Civ. 26570PublishedCited by 15 opinions
1Opinion of the CourtAshburn, J.
Petition for prohibition against impaneling or employing a jury in the hearing of the second half of a petition for determination of heirship in the Estate of Louise W. How, also known as Louise Bodine How. Alternative writ was issued. We now hold that the peremptory writ should be granted.
Crocker-Anglo National Bank was named executor in Mrs. How’s will. Having qualified and the appropriate time for filing petition to determine heirship having arrived, the executor filed such a petition on November 2,1961 (Prob. Code, § 1080). The will provided: “Fifth: I give, devise and bequeath all my…
2Cases cited42 opinions
- Bank of America National Trust & Savings Ass'n v. Superior CourtCalifornia Supreme Court · 1942
- The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
- Smith v. WesterfieldCalifornia Supreme Court · 1891
- Woods v. Security-First National BankCalifornia Supreme Court · 1956
- Estate of RadovichCalifornia Supreme Court · 1957
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3Cited by15 opinions
- Call v. Alcan Pacific Co.California Court of Appeal · 1967
- Clovis Ready Mix Co. v. Aetna Freight LinesCalifornia Court of Appeal · 1972
- Louie Queriolo Trucking, Inc. v. Superior Court of Kern Cty.California Court of Appeal · 1967
- European Beverage, Inc. v. Superior CourtCalifornia Court of Appeal · 1996
- Estate of HoffmanCalifornia Court of Appeal · 1968
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