Estate of Wilson

California Court of Appeal Nov 28, 1952 No. 19114Published

Before: Patrosso

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Holding. A person who claims ownership of property adverse to an estate is not a "person interested in the estate" under the Probate Code and therefore lacks standing to object to the settlement of an executor's account.

Issues

Whether an adverse claimant to estate property is a "person interested in the estate" entitled to object to an account under Probate Code section 927.
Whether the probate court abused its discretion in refusing to defer the settlement of an account pending the outcome of external litigation.

Disposition. affirmed

Quotations verified verbatim against the opinion

“one asserting an adverse interest to properties inventoried as assets of an estate is not a person interested therein as those words are used in various sections of the Probate Code”

“The lack of necessary interest arises from the nature of the claim and not the extent thereof.”

“It is well settled that one who claims as his own, adversely to an estate, specific property held and claimed by the estate, cannot be called a creditor of the estate within the meaning of the probate law.”

114 Cal.App.2d 468 (1952) 250 P.2d 266 Estate of GRIFFIN W. WILSON, Deceased.

JOSEPH E. BREWER et al., Respondents,

GLADYS KING, as Administratrix With Will Annexed, etc., Appellant.

Docket No. 19114. Court of Appeals of California, Second District, Division One.

November 28, 1952. [469] Cuthbert J. Scott and Benjamin D. Brown for Appellant.

Walter G. Danielson and Garvin F. Shallenberger for Respondents.

PATROSSO, J. pro tem.

This is an appeal by Gladys King as administratrix with the will annexed of the estate of George W. King, deceased, from an order settling the first account and report of the executors in the above named estate which was made following an order dismissing appellant's objections thereto.

[1] The question presented is whether appellant is a "person interested in the estate" within the meaning of Probate Code, section 927, and as such entitled to be heard in opposition to the account. Appellant's interest in the estate, if any, rests solely upon the fact, as set forth in her objections, that she had instituted suits which are pending and undetermined to quiet title and declare a trust in all of the real property described in the inventory, which real properties comprise all of the assets of the estate except an automobile and some miscellaneous household furniture.

A substantially similar question has but recently been the subject of intensive consideration by our Supreme Court in the Estate of Dabney, 37 Cal.2d 672 [234 P.2d 962]. There the appellants had filed objections to three separate petitions for ratable distribution upon the ground that they had instituted and that there was then pending a suit in equity wherein they sought establishment of constructive and resulting trusts, the quieting of adverse claims to their asserted title, an accounting, an injunction and other relief, all based upon the allegations of their equitable ownership in properties inventoried as assets of the estate. The trial court dismissed appellants' objections and entered orders granting the [470]

Estate of Wilson

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