Sayegh v. Superior Court

GIBSON, C. J.

Petitioner, the widow of Gabriel N. Sayegh, seeks a writ of prohibition to restrain respondent court from trying a petition to determine heirship in the estate of her deceased husband.

[815]

On February 18, 1952, petitioner entered into an ante-nuptial agreement with Mr. Sayegh which provided, among other things, that the survivor of them should have no interest in the property of the estate of the other by way of inheritance, succession, family allowance or homestead. They were married a few hours after the agreement was executed, and Mr. Sayegh died six days later, leaving a will dated February 16, 1948. The will, which was admitted to probate, named decedent’s two brothers as executors and, after making some specific bequests, provided that the residue of the estate be held in trust for decedent’s nieces and nephews, the children of his two brothers, who are the real parties in interest in the present proceeding.

Petitioner applied for a family allowance, which was opposed by the executors on the ground that she had waived such an allowance in the antenuptial agreement. After trial, it was found that her consent to the agreement had been obtained by duress, fraud and undue influence and she was granted a family allowance. This order was affirmed on appeal.

(Estate of Sayegh,

118 Cal.App.2d 327 [257 P.2d 995].) The beneficiaries of the trust subsequently commenced a proceeding to determine heirship, claiming that they are entitled to distribution of all the estate except for certain specific bequests. Petitioner answered asserting that the will was revoked as to her by reason of her subsequent marriage to decedent and that her rights as heir had been determined by the order for family allowance. She requested the judge sitting in probate to terminate the heirship proceeding and to hold that the order for family allowance was a final judgment binding upon all parties interested in the estate. The judge refused to rule upon the question of the effect of the prior order and transferred the case to the master calendar department for setting and trial. Petitioner now seeks a writ of prohibition to restrain trial of the heirship proceeding, asserting that the issues are res judicata.