Cables

Cables v. Beard

Good Law
1999 Cal. App. LEXIS 354·71 Cal. App. 4th 753·84 Cal. Rptr. 2d 276·99 Daily Journal DAR 3851·99 Cal. Daily Op. Serv. 2993
Court of Appeal of CaliforniaApril 26, 1999No. A072114; No. A074710California11,209 words

Opinion

Lead Opinion

McGuiness, J.

Decedent Lonnie R. Beard died on September 11, 1986. Since that date, his heirs have fought each other unremittingly over the disposition of his estate. In these consolidated appeals, decedent’s widow and pretermitted heir, appellant Lottie Ann Beard, seeks to overturn and vacate no fewer than six separate orders and decisions of the probate court. She contends that orders (1) approving the fourth annual account, (2) approving the fifth annual account, and (3) for delivery to her of an individual retirement account (IRA), as well as (4) a judgment approving and confirming the statement of decision of a special referee, are all fatally defective and must be vacated because they were in conflict with earlier *759 orders approving the parties’ compromise and settlement agreement, and were instead based on (5) allegedly void orders setting aside the earlier orders arising from the settlement. In addition, appellant contends (6) there is insufficient evidence in the record of the actual financial condition of the estate to support or justify the probate court’s most recent order granting a preliminary distribution of part of the estate. We disagree with appellant’s…

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