Estate of Brissel

California Court of Appeal Aug 2, 1963 No. Civ. No. 27060Published

Before: Kingsley

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Holding. A decree in a probate proceeding to determine heirship that resolves the rights to a severable portion of an estate is a final, appealable judgment, even if the court reserves jurisdiction to determine other interests in the estate.

Issues

Whether a decree determining interest in an estate is appealable when the court reserves jurisdiction to determine other beneficiaries' interests.
Whether a probate proceeding to determine heirship must involve the entire estate to be considered a final, appealable judgment.

Disposition. denied

Quotations verified verbatim against the opinion

“We hold that the decree herein involved was final as to the interests therein determined and can be the subject of an immediate appeal.”

218 Cal.App.2d 841 (1963) Estate of GEORGE C. BRISSEL, Deceased. EWING M. LINGLE, Claimant and Appellant,

THE NATIONAL FOUNDATION, Claimant and Respondent.

Civ. No. 27060. California Court of Appeals. Second Dist., Div. Four.

Aug. 2, 1963. Church & Howard and Charles F. Howard for Claimant and Appellant.

Gibson, Dunn & Crutcher and Guy K. Claire for Claimant and Respondent.

KINGSLEY J.

[1a] This is an appeal from a judgment of the probate court in a proceeding to determine heirship pursuant to section 1080 of the Probate Code. Motion to dismiss appeal on ground that decree was nonappealable, denied.

George C. Brissel died testate on December 13, 1961, leaving a will dated April 7, 1961, which was duly admitted to probate on January 15, 1962.

By the terms of paragraph Sixth of decedent's will, he left certain real property in trust, naming five purported charitable organizations or institutions as beneficiaries subject [842] to two life estates. By the terms of paragraph Seventh of the will, decedent left the residue of his estate to the same five named charitable organizations or institutions. And by the terms of paragraph Eighth the decedent directed that, in the event of failure of any of the charitable gifts, in whole or in part, such gift was to go to Ewing Lingle, the appellant herein.

On June 28, 1962, pursuant to section 1080 of the Probate Code, the executor filed his petition to determine interests in the estate. Although the prayer of the petition sought a determination of all interests in the estate, the allegations of the petition and of the statements of interest filed by appellant and respondent, raised only an issue as to the one-fifth share devised to "Infantile Paralyses Hospital of Los Angeles, California." A claim of interest was also filed by the American Cancer Society, claiming the one-fifth interest devised to it. No contest as to that claim was made by appellant. No other claim of interest was filed and no person other than the executor, appellant and respondent appeared at the hearing on the matter.

Estate of Brissel

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KINGSLEY J.

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