Estate of Dipinto

Appellants John A. Dipinto and Dipinto Manufacturing Company, Inc. (Dipinto Company) appeal from the “Order Accepting Stipu lation of Parties and Determining Title to Property in Favor of the Estate and Withdrawing Objections Thereto” filed November 20,1985, and the “Ex Parte Order Re Execution Of Documents By The County Clerk” filed November 25, 1985. The order “[a]djudicating the merits of [the] claim under [Probate Code] Section 851.5” constitutes a judgment and is appeal-able. (Prob. Code, § 1240, subd. (i).) Appellants contend that the trial court abused its discretion in determining that the parties entered into a valid and binding settlement agreement.

Respondent was appointed administrator with will annexed to the estate of America Dipinto, following her death. Respondent filed a “Petition For Order Directing Conveyance And For Damages” on behalf of the estate. The petition alleged that assets of the estate had been concealed and misappropriated by Joanna Delgado, Josephine Cockman, and John Dipinto, and that the assets had been diverted into the personal bank accounts and real estate holdings of those parties and into Dipinto Company, a corporation of which John…