Kellogg

Kellogg v. Gregoire

Good Law
117 Cal. Rptr. 125·1974 Cal. App. LEXIS 1263·42 Cal. App. 3d 741
Court of Appeal of CaliforniaOctober 28, 1974Civ. No. 44383California3,468 words

Opinion

Lead Opinion

Loring, J.

Helen Ann Kellogg (Kellogg) filed a petition to “Determine Entitlement to Distribution of Estate” under the provisions of Probate Code section 1080 (commonly called proceedings to determine heirship) seeking a decree that she was the sole heir-at-law of Alfred Grimble (aka Alfred E. J. Grimble) (Grimble) who died intestate, a resident of Los Angeles County, February 1, 1972. In her petition Kellogg alleged that the facts in support of her claim to be entitled to the entire estate were:

In her statement of interest in opposition to Kellogg’s petition Beverly Jean L. Gregoire (Gregoire) alleged that Kellogg “is not the daughter of Alfred E. J. Grimble, deceased.” Gregoire then alleged that the known heirs of the decedent were three first cousins (one of whom was Gregoire) each entitled to 25 percent interest, and the widow and four children of a deceased first cousin. After nonjury trial the court signed findings of fact and conclusions of law against Kellogg’s claim and entered a decree denying the claim of Kellogg and providing that the determination of the identity of the heirs-at-law was left to further determination on petition to determine heirship or petition for…

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