Estate of Cook

Petitioner and appellant Connie M. Marks appeals from a judgment of the Monterey County Superior Court.

Issues Presented

1. The probate court had jurisdiction to resolve the claims of appellant.

2. The order is appealable.

3. There is substantial evidence to uphold the court’s determination that the assignment was not fraudulent.

4. The court correctly held that the entire amount of the bank’s claim had priority over appellant’s lien.

Record

On February 16, 1974, Otto Cook died leaving a will and codicil which provided for a legacy to his son Dr. Christopher Cook of $25,000 cash and 500 shares of the Eastman Kodak Corporation. The will and codicil were admitted to probate in Monterey County on March 8, 1974. On March 29, Dr. Cook executed an assignment of his entire interest in the estate to the Chase Manhattan Bank as security for a loan. This assignment was filed with the probate court on April 1. Consideration for the assignment totaling $45,000 was paid to Dr. Cook between March 20 and April 29. On August 14, a writ of execution directed against Dr. Cook’s interest in the estate was served upon Martin May, executor of the estate. The writ was obtained by…