Civil Procedure Keyed to Cound
Bank of California Nat. Ass’n v. Superior Court
Boyd died with a will that was admitted to probate, and Bank of California National Association, Defendant was appointed executor. A number of people were left legacies and bequests and St. Luke’s Hospital, Defendant, was named residuary legatee and devisee. Smedley, niece and legatee of the deceased, brought suit to enforce a contract that allegedly left the entire estate to her. The complaint named the executor and all the beneficiaries of the will, and prayed for a decree naming Smedley the owner of the entire estate after payment of debts and expenses, and that title to the property be quieted. Summons was served on Bank of California and St. Luke’s Hospital but none of the other beneficiaries. Defendants filed a motion for an order to have summons issued and served upon the other named defendants on the grounds that they were “necessary and indispensable parties” to the action. The motion was denied. Defendants appealed for a writ of prohibition to restrain the trial until the other parties were brought in.
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