Legal Opinion
Holm v. Superior Court
California Court of Appeal
Decided December 15, 1986No. Civ. 26584PublishedCited by 9 opinions
1Opinion of the Court
Opinion
PUGLIA, P. J.
In this mandamus proceeding we consider whether a trial court in a civil action brought under the Probate Code has the authority to order the exhumation and autopsy of the body of the deceased testator. For the reasons that follow, we conclude that no such authority exists.
In 1981 Edwin Robert Maleville (decedent) executed his will. It included provisions establishing a trust for the benefit of real parties in interest, the grandchildren of decedent’s former wife Juanita. In 1984 decedent and Juanita separated and dissolution proceedings were commenced. The marriage was…
2Cases cited19 opinions
- Pitchess v. Superior CourtCalifornia Supreme Court · 1974
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Panopulos v. MaderisCalifornia Supreme Court · 1956
- Bailey v. Superior CourtCalifornia Supreme Court · 1977
- Rockwell v. Superior CourtCalifornia Supreme Court · 1976
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3Cited by9 opinions
- Haniff v. Superior Court of Santa Clara CountyCalifornia Court of Appeal · 2017
- Newman v. SathyavaglswaranCourt of Appeals for the Ninth Circuit · 2002
- Walsh v. CaidinCalifornia Court of Appeal · 1991
- Appleton v. Superior CourtCalifornia Court of Appeal · 1988
- Valley Presbyterian Hosp. v. Superior CourtCalifornia Court of Appeal · 2000
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