Bank of America v. La Malfa

Opinion

KANE, J.

Frank Wert (Wert) died testate on June 15, 1955. Pursuant to the terms of his will, the executor of which was the Bank of America (Bank), the final decree of distribution filed November 12, 1957, provided for distribution of all of the estate and all unknown, undiscovered, or unmentioned property in equal shares to his brother Michael and to the State of California (State) in trust for his sister Cecelia, whose whereabouts were unknown. The distribution of Cecelia’s interest to State was pursuant to Probate Code sections 1027-1028.

Ernest J. Hill (Hill) later learned that…