Estate of Nuttle

3 Cal.App.2d 415 (1934) In the Matter of the Estate of J. T. NUTTLE, Deceased. LEOTA BABCOCK, Objector and Appellant,

v.

JUANA M. WOOD, Petitioner and Respondent.

Civ. No. 9964. California Court of Appeals. Second Appellate District, Division Two.

December 31, 1934. Richard J. O. Culver for Objector and Appellant.

A. J. Verheyen for Executor and Appellant.

Joseph Scott, T. C. Heyl and C.J. Scott for Petitioner and Respondent.

John M. Martin and D. C. A. Smith for Claimant and Respondent.

The Court.

The day after the court had made an order of partial distribution, which became the subject of an appeal decided by us October 31, 1934 (Estate of Nuttle, 1 Cal.App.2d 678 [37 PaCal.2d 200]), respondent therein, Juana M. Wood, filed a petition in the Probate Court of Los Angeles County designated "Petition for Order to Determine Heirship and Interest in Estate" (under secs. 1080, 1081 and 1082, Probate Code), which alleged, in addition to certain jurisdictional facts, that petitioner was a "devisee and legatee of said deceased and is [417] a party interested" in the/his estate, and as such claimed $50,000 par value of United States government bonds and United States of America treasurer notes and other property described; that there are various persons who claim an interest in $22,000 par value of such government bonds and treasurer notes "specifically left to your petitioner"; that it is the contention of such persons that said bonds and treasurer notes are assets of the J. T. Investment Company, a Kansas corporation, "all of the stock of which corporation was owned by the deceased herein at the time of his death", and that the stock of said corporation is an asset of said estate and petitioner is not entitled to receive said bonds and notes as a part of the specific bequest made her in decedent's will--praying that the "respective claims of heirship, ownership or interest in said estate and in said bonds and notes" be set forth and that the court "ascertain and declare the rights of all persons to said estate and determine the rights of all persons to said estate and determine who is entitled to distribution" of said $22,000 bonds and notes. Notice of the hearing of said petition was served on the attorneys for the executor, A. E. Nuttle, a creditor, and appellant Leota Babcock, and a notice was posted by the clerk advising of the filing of said petition "praying for an order of court ascertaining and declaring the rights of all persons to said estate, and determining who is entitled to distribution of the $22,000.00 par value of U.S. Government bonds and U.S. Treasurer notes" (italics ours), as set forth in the petition, and fixing the date upon which cause should be shown why the prayer of said petition should not be granted.