Norris

Norris v. Webb

Good Law
1969 Cal. App. LEXIS 1631·269 Cal. App. 2d 172·74 Cal. Rptr. 710
Court of Appeal of CaliforniaJanuary 27, 1969Civ. No. 33318California657 words

Opinion

Lead Opinion

Roth, J.

Madeline Norris, the decedent’s stepdaughter, a legatee in decedent’s will, appeals from an order denying her petition for instructions to the administrator with the will annexed, Robert H. Webb, husband of the decedent, named as legatee on June 23,1967.

After the will had been admitted to probate and letters issued on June 23, 1967 to Robert H. Webb, a dispute arose between Madeline and the estate and the administrator in his individual capacity in respect of title to certain property held in joint tenancy by the decedent and Robert H. Webb.

Prior to the filing of the estate inventory, Madeline, apparently with knowledge that the joint tenancy property had been omitted, filed a ‘ ‘ Petition by Legatee for Instructions to Administrator CTA to Cause Administrator CTA to Be Instructed to Inventory Certain Real Property and to Determine Title to Said Real Property as Between Estate and Administrator CTA in His Individual Capacity and for Other Relief.” The petition prayed that the court instruct the administrator to include the joint tenancy real property as property of the estate, determine that the joint tenancy grant deed theretofore held by Evelyn and Robert H. Webb is null and…

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