200 Cal. App. 2d 32 | Cal. Ct. App. | 1962
This is an appeal from an order settling the final account of the executor of the estate of Osa Bell Zavadil, deceased, ordering distribution to the sole legatee named in her will and dismissing objections thereto.
Osa Bell Zavadil died testate on October 23, 1959, seven months after her husband, Louis George Zavadil, who likewise died testate. Her will was admitted to probate on December 8, 1959, letters testamentary thereafter issued, and notice to creditors published (commencing December 15, 1959) in the manner prescribed by law. On June 14, 1960, her husband’s executor filed a claim (with the clerk of the court) for sums totalling $15,325. On June 22, 1960, this claim was rejected in writing by Osa’s executor; no suit thereon was thereafter instituted.
On October 13, 1960, a petition for final distribution was filed—an accounting was waived by the petitioner as sole legatee. The husband’s executor filed written objections on November 4, 1960, the date theretofore fixed for hearing of said petition. On December 2, 1960, the continued date, the trial court heard argument of counsel for the respective parties. The matter was again continued to January 4, 1961; after further discussion, the matter was submitted for decision. The following day the court filed a memorandum of decision adverse to the objector, directing counsel for Osa’s executor to prepare findings. Objections to the proposed findings were thereafter overruled in open court after further argument on the merits of the objector’s legal position.
Based on the trial court’s memorandum decision, it was found (among other things) that the objector was not a person interested in Osa’s estate, from which it was concluded (among other conclusions of law) that “Since the objector herein was not a person interested in the estate herein he may not contest the account or resist application for distribution and the objections do not have to be considered.”
Whether appellant is a “person interested in the estate” within the meaning of Probate Code, section 927, and as such entitled to be heard in opposition to the petition is decisive of this appeal. His interest in Osa’s estate rests solely upon the fact, as set forth in his objections, that shortly before
“It is well established in this state that the superior court sitting in the exercise of its probate jurisdiction is without power to determine adverse claims to the properties of an estate in the course of administration when asserted by a ‘stranger to the estate’ as in the present case. The proper manner of litigating such a question of title is in the superior court in the exercise of its general jurisdiction ...” (Estate of Hart, 51 Cal.2d 819, 823 [337 P.2d 73].) Unlike the situation in the case just cited, no such independent action was instituted by the appellant at bar. Too, the rule mentioned in the Hart ease has been applied not only to actual contests of title to the assets of an estate but, as here, to the raising of objections during probate. (Estate of Dabney, 37 Cal.2d 672 [234 P.2d 962].)
In Estate of Dabney, supra, the whole question was given intensive consideration. There the appellants had filed objections to three separate petitions for ratable distribution upon the ground that they had instituted and that there was then pending a suit in equity seeking the establishment of constructive and resulting trusts, the quieting of adverse claims to their asserted title, all based upon the allegations of their equitable ownership in properties inventoried as assets of the estate. The trial court dismissed appellants’ objections and entered orders granting the petitions for distribution. In an elaborate opinion, which considered all of the authorities upon the subject, the court held that the appellants were not persons
From the foregoing it is clear that appellant was not competent to object to any accounting. Under the circumstances the trial court (sitting in probate) had no jurisdiction and properly dismissed appellant’s objections—once a court determines that it is without jurisdiction, further proceedings in the action are idle acts. Furthermore, it properly declined to consider objections to the proposed findings upon the last session of the hearing below. At that time it was argued by appellant’s counsel that he was erroneously foreclosed from offering evidence that he was within the included class (“persons interested”), specifically, that his claim was based on the provisions of section 953 of the Probate Code ;
Other points raised do not require discussion.
The portions of the judgment and order appealed from are affirmed.
Wood, P. J., and Fourt, J., concurred.
Section 953: "If there is any claim not due, or any contingent or disputed claim against the estate, the amount thereof, or such part of the same as the holder would he entitled to if the claim were due, established, or absolute, must be paid into court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. ...”
