Vuckan

Vuckan v. McCormick

Good Law
1964 Cal. App. LEXIS 1516·224 Cal. App. 2d 670·37 Cal. Rptr. 46
Court of Appeal of CaliforniaFebruary 17, 1964Civ. Nos. 20378, 20922California8,985 words

Opinion

Lead Opinion

Molinari, J.

These are two consolidated appeals arising out of the same case and the same probate proceedings in the court below. The first appeal (No. 20378) is by A. Leroy Parkinson, 1 individually, and as administrator of the Estate of Lulu E. Pieper, 2 from a decision and order entitled “Memorandum Decision,” filed on May 5, 1961. The second appeal (No. 20922) is by the same appellant and is from the judgment made on March 16, 1962, and entered on March 30, 1962.

The procedural background of these appeals is as follows: A hearing was had in the court below, sitting in probate, pursuant to a petition brought by one Daniel N. Vuckan, as an assignee of one of decedent’s heirs, for the removal of Parkinson as the administrator of the estate of said decedent. Upon the submission of the cause, the trial court made and filed its “Memorandum Decision” on May 5, 1961, wherein it announced its decision that Parkinson be removed as administrator, and that a certain deed from the decedent to Parkinson was invalid because it was not legally delivered *675 and was void as a testamentary disposition. On June 30, 1961, Parkinson filed a notice of appeal from said “Memorandum Decision.” The preparation of…

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