Hill v. Goldberg

Opinion

McDANIEL, J.*—

This appeal presents, on undisputed facts, an issue of first impression, namely whether, under section 573, subdivision (a) of the Probate Code,1 decedent’s cause of action for nullity of marriage survived his death. The issue was joined when the special administrator of decedent’s estate moved for an order substituting himself in as petitioner in decedent’s action insofar as it sought to nullify the marriage, an action filed by decedent before his death. The trial court denied the motion. In its extensive minute order, the trial court stated, “[t]he issue framed by the *267mo…