Bierschbach v. Heigho

William Stevens Heigho died on December 9, 1956, leaving property in the county of Los Angeles where his estate was administered by his wife, Barbara, as executrix. On October 2, 1958, final distribution was ordered; the decree included an “omnibus clause” distributing all property whether described therein or not. Mrs. Heigho was discharged as executrix on October 31, 1958. Fourteen months later (December 29, 1959) Robert J. Bierschbaeh, a partner in the law firm of Surr and Hellyer and on behalf of Forrest M. Laidley and George P. Vye, petitioned the court to reopen probate proceedings and for the issuance to him of letters of administration (with will annexed) under the claimed authority of section 1067 of the Probate Code, Mrs. Heigho filed written objections, the petition was denied and Bierschbaeh has appealed.

Upon the hearing below it was stipulated that no additional evidence would be taken since all of the facts necessary for decision were contained in the petition, the supporting declarations of Laidley and Vye, the written opposition of the objector, and pertinent papers in the estate proceedings sought to be reopened. The chronology of certain material facts, all…