Blum

Blum v. Levy

Good Law
107 Cal. App. 3d 195·165 Cal. Rptr. 591·1980 Cal. App. LEXIS 1955
Court of Appeal of CaliforniaJune 20, 1980Civ. No. 47669California2,330 words

Opinion

Lead Opinion

Newsom, J.

James Bloom (decedent) died on May 19, 1977. His children, Leonard Bloom and Evelyn Birnbaum, filed for probate, on May 23, 1977, a duplicate original of a joint, mutual and reciprocal will decedent and his (later predeceased) wife executed in 1962.

On May 26, 1977, Bank of America (Bank) and Raymond Levy, Esq. (appellant) petitioned for probate of a will dated October 20, 1975, and codicil dated February 5, 1976.

The children and the Bank each applied for special letters of administration, and the Bank filed an opposition to the childrens’ petition for special letters on June 7, 1977, and July 5, 1977.

*198 On June 23, 1977, the children filed a contest to probate of the 1975 will and codicil on grounds of alleged undue influence by appellant and decedent’s secretary-housekeeper.

The probate court denied both petitions for special letters, appointed a special administrator with general powers (administrator) and consolidated the two probate proceedings on July 19, 1977.

Thereafter, with the consent of both administrator and probate court, the children settled in their entirety the several claims arising from the 1975 will, and, without further contest, were found by…

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