Ahrens v. Daniels

LILLIE, J. This is an appeal from an order settling the final account of the executor of the estate of Osa Bell Zavadil, deceased, ordering distribution to the sole legatee named in her will and dismissing objections thereto.

Osa Bell Zavadil died testate on October 23, 1959, seven months after her husband, Louis George Zavadil, who likewise died testate. Her will was admitted to probate on December 8, 1959, letters testamentary thereafter issued, and notice to creditors published (commencing December 15, 1959) in the manner prescribed by law. On June 14, 1960, her husband’s executor filed a claim (with the clerk of the court) for sums totalling $15,325. On June 22, 1960, this claim was rejected in writing by Osa’s executor; no suit thereon was thereafter instituted.

On October 13, 1960, a petition for final distribution was filed—an accounting was waived by the petitioner as sole legatee. The husband’s executor filed written objections on November 4, 1960, the date theretofore fixed for hearing of said petition. On December 2, 1960, the continued date, the trial court heard argument of counsel for the respective parties. The matter was again continued to January 4, 1961; after further discussion, the matter was submitted for decision. The following day the court filed a memorandum of decision adverse to the objector, directing counsel for Osa’s executor to prepare findings. Objections to the proposed findings were thereafter overruled in open court after further argument on the merits of the objector’s legal position.

Based on the trial court’s memorandum decision, it was found (among other things) that the objector was not a person interested in Osa’s estate, from which it was concluded (among other conclusions of law) that “Since the objector herein was not a person interested in the estate herein he may not contest the account or resist application for distribution and the objections do not have to be considered.”

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 petition is decisive of this appeal. His interest in Osa’s estate rests solely upon the fact, as set forth in his objections, that shortly before [35]Osa’s husband’s death she was entrusted by her husband with certain funds, that she converted the entire sum to her own use “knowing it to be the separate property of Louis George Zavadil, deceased, and failed and refused to turn said property over to objector as Executor of the Estate of Louis George Zavadil despite demand.” It was further alleged that each item of property listed in the inventory and appraisement “are all and each and every one is the separate property of Louis George Zavadil and the said Osa Bell Zavadil has never had any right, title or interest, in or to, said property or any part thereof.” A still further allegation is to the effect that the listing of the property in Osa’s estate as her separate property is “sham and false” and made for the purpose of defrauding the son and daughter of Louis George Zavadil out of their lawful inheritance and give the same to Osa’s son, Donald Burton Daniels (petitioner herein) “who is not entitled to any part of this estate which is actually composed of nothing but the separate property of Louis George Zavadil.”