Legal Opinion

Estate of Wallace

California Court of Appeal

Decided October 20, 1977No. Civ. 51253PublishedCited by 7 opinions

1Opinion of the Court

Opinion

THOMPSON, J.

This is an appeal pursuant to Probate Code section 1240 from an order granting family allowance to respondent Barbara S. Wallace payable by the estate of her late husband: It raises the novel issue of the competency as evidence of affidavits or declarations in a contested proceeding on a petition for family, allowance. The appeal also includes issues of the relevancy of length of marriage to the award of family allowance to a surviving widow and the propriety of an exercise of trial court discretion in making the award.

We conclude: (1) affidavits or declarations are not…

2Cases cited7 opinions

  1. Estate of BrooksCalifornia Supreme Court · 1946
  2. Estate of WoodwardCalifornia Court of Appeal · 1964
  3. Estate of SecordCalifornia Court of Appeal · 1948
  4. People Ex Rel. Department of Public Works v. Garden Grove FarmsCalifornia Court of Appeal · 1965
  5. Van Der Oef v. Van Der OefCalifornia Court of Appeal · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Evangelho v. PresotoCalifornia Court of Appeal · 1998
  2. Swaithes v. Superior CourtCalifornia Court of Appeal · 1989
  3. Urick v. Urick, California Court of Appeal, 5th District2017
  4. Estate of BarthelmessCalifornia Court of Appeal · 1988
  5. Wetzel v. MalletteCalifornia Court of Appeal · 1988

2 more not listed; retrieve them via the Exa API.

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