Auslen

Auslen v. Auslen

Good Law
1963 Cal. App. LEXIS 2010·216 Cal. App. 2d 235·30 Cal. Rptr. 578
Court of Appeal of CaliforniaMay 15, 1963Civ. No. 10592California354 words

Opinion

Lead Opinion

Schottky, J.

These are appeals from separate orders of the superior court sitting in probate in the estate of Harry Auslender, deceased. The cases were consolidated for decision in this court.

The appeal in number 10592 is concerned with the following paragraphs of an order entered April 3,1962:

As to this appeal both parties agree that by virtue of the decision of the Supreme Court in Auslen v. Superior Court, 58 Cal.2d 821 [ 27 Cal.Rptr. 8 , 377 P.2d 72 ], paragraphs 6 and 10 of the order must be reversed because the Superior Court of Sacramento County acted in excess of its jurisdiction in purporting to exercise jurisdiction of the trust. It is clear that paragraphs 6 and 10 of the order must be reversed.

Appellant Harry Auslen also seeks to have this court reverse or revise paragraph 4 because the report which the court approved discussed matters pertaining to the Celia Appelbaum Trust. Essentially, paragraph 4 was concerned with an accounting which was approved. Any statements in the report concerning the trust do not, of course, affect the validity *237 of the accounting which was an interim accounting. Any implications that the trial court approved any statements in the report…

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