In re Christof's Estate

Full title: E. A. WINSTANLEY, Public Administrator, Petitioner and Appellant, v…

Court: California Court of Appeals, Second District, Third Division

Date published: Jun 10, 1955

284 P.2d 881 (Cal. Ct. App. 1955)

Opinion

Page __

__ Cal.App.2d __ 284 P.2d 881 In the Matter of the ESTATE of Arthur Alfred CHRISTOF, also Known as Arthur A. Christof, A. A. Christof, Art Christof and as Arthur A. Christoff, Deceased. E. A. WINSTANLEY, Public Administrator, Petitioner and Appellant, v. Morton J. ROBINSON, Contestant and Respondent (forty-eight cases). In the Matter of the ESTATE of Sadye M. BERG, also known as Sadye Marde Berg, Sadie M. Berg, Sadye Mard Berg and as Sadie Maud Berg, Deceased. In the Matter of the ESTATE of Stefan BISSER, also known as Stefi Bisser, Deceased. In the Matter of the ESTATE of William Dante BOSSI, also known as William D. Bossi, and as William Bossi, Deceased. In the Matter of the ESTATE of Rollie Fred BRAZIEL, also known as Rollie Fred Brazil, Deceased. In the Matter of the ESTATE of Harold Guinn BURGESS, also known as Harold Burgess and as H. G. Burgess, Deceased. In the Matter of the ESTATE of Helen Rutherford DICK, also known as Helen R. Dick, Deceased. In the Matter of the ESTATE of Albert Henry FELSKE, also known as Albert H. Felske and as A. H. Felske, Deceased. In the Matter of the ESTATE of Anthony Jones FERDINAND, also known as A. J. Ferdinand, Deceased. In the Matter of the ESTATE of Agnes I. FONTAINE, also known as Agnes Fontaine and as Mrs. F. E. Fontaine, Deceased. In the Matter of the ESTATE of Sam FOROI, Deceased. In the Matter of the ESTATE of Mildred A. GELLER, also known as Mildred Ann Geller and as Mildred A. Goetz Geller, Deceased. In the Matter of the ESTATE of Rose J. GOOD, Deceased. In the Matter of the ESTATE of James J. GRADY, Deceased. In the Matter of the ESTATE of Frederick L. HOGAN, Deceased. In the Matter of the ESTATE of Charies Roland HOWARTH, also known as Charles Howarth and as Charles R. Howarth, Deceased. In the Matter of the ESTATE of Carl Herbert IMAN, also known as Carl H. Iman, Carl Iman, and as Carl Inman, Deceased. In the Matter of the ESTATE of Charles B. JAMIESON, also known as Charles B. Jameson, Charles Jamieson and as C. B. Jamieson, Deceased. In the Matter of the ESTATE of John Thomas JENKINS, Deceased. In the Matter of the ESTATE of John Peter JONES, also known as John Jones and as John P. Jones, Deceased. In the Matter of the ESTATE of Edna L. KASDORF, also known as Edna Kasdorf, Deceased. In the Matter of the ESTATE of George Daizalmo KUMAGAI, also known as George Dai Kumagai, Deceased. In the Matter of the ESTATE of Fred Emil KUNTZ, Deceased. In the Matter of the ESTATE of Aldon Victor LANDRY, also known as Alden V. Landry, Deceased. In the Matter of the ESTATE of Eulalia LANDRY, also known as Eulalia Aragon, Deceased. In the Matter of the ESTATE of Gust Peter LERCH, also known as August Peter Lerch, August P. Lerch and as A. P. Lerch, Deceased. In the Matter of the ESTATE of Willis G. LONG, Deceased. In the Matter of the ESTATE of Robert G. LOOMIS, also known as Robert Gene Loomis, Deceased. In the Matter of the ESTATE of Ralph L. LOVELAND, also known as Ralph La Verne Loveland, Deceased. In the Matter of the ESTATE of TADOYOSHI MATSUBARA, also known as Tadoyoshi Matsuhara, Deceased. In the Matter of the ESTATE of Fred Milton McKEE, also known as Fred M. McKee and E. M. McKee, Deceased. In the Matter of the ESTATE of John Joseph McHUGH, also known as John J. McHugh, Deceased. In the Matter of the ESTATE of Edna Clark Sawyer MOFFATT, also known as Edna Sawyer Moffatt, Edna Clark Moffatt, Edna C. Moffatt, Edna C. Moffut, Edna Clark Sawyer, Mrs. Arthur C. Moffatt, and as Mrs. A. C. Moffatt, Deceased. In the Matter of the ESTATE of Mary L. MOORE, also known as Mary Lulu Moore, Deceased. In the Matter of the ESTATE of Laura PETLANSKY, Deceased. In the Matter of the ESTATE of Edward James PHILLIPS, also known as Edward J. Phillips, Deceased. In the Matter of the ESTATE of James RAY, also known as J. L. Ray, Deceased. In the Matter of the ESTATE of Carlin W. ROWE, also known as Harland Edward Rowe, Harlin W. Rowe and as Harlan E. Rowe, Deceased. In the Matter of the ESTATE of Hugo SCHELLINGER, also known as H. Schellinger and as Hugo Schlessinger, Deceased. In the Matter of the ESTATE of Max SCHEIGE, Deceased. In the Matter of the ESTATE of Claude C. SMITH, also known as Claude Carlos Smith and as C. C. Smith, Deceased. In the Matter of the ESTATE of Edward May SNOWDEN, also known as Theresa M. Snowden and as Theresa M. Snowdan, Deceased. In the Matter of the ESTATE of Edward Francis SPEAR, also known as Edward F. Spear, Deceased. In the Matter of the ESTATE of Martin M. SULLIVAN, also known as Martin Sullivan, Deceased. In the Matter of the ESTATE of Ann SYMINGTON, also known as Alice Symington and as Anne Symington, Deceased. In the Matter of the ESTATE of Ethel Lawson TRITES, also known as Ethel Lawson, Ethel Trites and as Ethel Clark, Deceased. In the Matter of the ESTATE of Mary YOUNG, also known as Mary B. Young, Deceased. In the Matter of the ESTATE of Jacob ZIMMERMAN, also known as J. Zimmerman, Deceased. Civ. 21035-21082. California Court of Appeals, Second District, Third Division June 10, 1955

Hearing Granted Aug. 3, 1955. ^*

* Opinion vacated 292 P.2d 881.

[284 P.2d 882]

Appeals from judgments of the Superior Court of Los Angeles County; Newcomb Condee, Judge.

Harold W. Kennedy, County Counsel, and Baldo M. Kristovich, Deputy County Counsel, Los Angeles, for appellant.

S. V. O. Prichard, Beverly Hills, for respondent.

VALLEE, Justice.

The appeals are by the Public Administrator of the County of Los Angeles from judgments of the superior court sitting in probate entered in 48 estates sustaining the objections of Morton J. Robinson to the final account of the Public Administrator in each estate and ordering the latter to pay Robinson a specified sum from the funds of the estate. The proceedings were consolidated for trial and tried together.

The facts in these proceedings are stated in Estate of McMillin, Cal.App., 284 P.2d 864, and need not be repeated. The parties agree that the issues involved in these appeals are identical with the issues involved in the McMillin case, and that the records are substantially identical with the record in that case. They have stipulated that the decisions in these appeals be in accordance with the decision in that case. On the authority of Estate of McMillin, the judgments must be reversed.

The judgment in each estate is reversed.

SHINN, P. J., and PARKER WOOD, J., concur.