Stephenson
Stephenson v. Haughey
Opinion
Lead Opinion
Spencer, J.
Introduction
Warren H. Haughey appeals from a judgment of dismissal for lack of standing entered after the probate court sustained without leave to amend the demurrer of Richard Billinghurst, Mary Jane Billinghurst and George M. Stephenson to the second amended contest to probate of the purported will of decedent Margaret H. Lind.
Statement of Facts
The facts alleged in the second amended contest and grounds of opposition to probate of a purported will (contest) and those reasonably inferable therefrom, which must be accepted as true (Sklar v. Franchise Tax Board (1986) 185 Cal.App.3d 616, 621 [ 230 Cal.Rptr. 42 ]), reveal the following: Margaret H. Lind (decedent) died in Los Angeles County on June 3, 1987. On or about June 27, 1987, Attorney George M. Stephenson filed with a petition for probate the purported will of the decedent, dated September 14, 1984.
*1429 Appellant is the “brother” of the decedent. He was the “foster child” of Robert Lincoln and Henrietta Haughey (Haugheys), the decedent’s parents. Appellant resided with the Haugheys from shortly after his birth until he entered military service in 1942, at the age of 22. The Haugheys provided appellant with…