Wood

Wood v. Watson

Good Law
135 Cal. Rptr. 115·1976 Cal. App. LEXIS 2195·65 Cal. App. 3d 112
Court of Appeal of CaliforniaDecember 20, 1976Civ. No. 2772California2,628 words

Opinion

Lead Opinion

Brown, J.

The objector and appellant, Helen Louise

Watson, appeals from an order of the superior court, sitting in probate, approving the compromise of the claim of claimant and respondent, Erik Erlandsson, against the estate of Larry N. Black, deceased.

Erlandsson presented a general, nonpriority creditor’s claim for $38,250, which was approved and allowed by the personal representative and approved by the court in the amount of $29,250. The court-approved compromise of this claim provided for the transfer of all of the right, title and interest of the estate, including immediate possession, in the purebred Arabian stallion *Exelsjor to Erlandsson in exchange for the release of all of Erlandsson’s claims against the estate. Appellant’s central thesis is that in view of the poor financial condition of the estate the court acted in excess of its authority and abused its discretion in approving the compromise which resulted in the transfer of the principal *115 asset of the estate to satisfy a general creditor’s claim without considering the sufficiency of the assets in the estate to satisfy high-priority creditors’ claims as established in Probate Code section 950. 1 Among the…

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