Estate of Holloway
Filed 7/24/06 Estate of Holloway CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| Estate of GRATIA JEAN HOLLOWAY, Deceased. | B169985 (Los Angeles County Super. Ct. No. P738613) |
| JOSEPH G. MONAT, as Administrator, etc., Appellant, v. HIGHLANDS INSURANCE COMPANY, Respondent. |
APPEAL from a judgment of the Superior Court of Los Angeles County, Richard C. Hubbell, Judge. Affirmed.
Law Offices of Robert S. Scuderi, Robert S. Scuderi; Law Offices of Emanuel Sedacca and Emanuel Sedacca for Appellant.
Wisener Nunnally Gold and Robert H. Nunnally, Jr., for Respondent.
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Joseph F. Monat challenges the trial court's order correcting a clerical error in the judgment of February 1, 2002. We affirm the order.
FACTUAL AND PROCEDURAL SUMMARY
This is, we hope, the final chapter in the administration of the estate of Gratia Jean Holloway, who died in 1989. We provide a brief recap of the underlying facts.
Decedent's secretary, Rebecca Gourlie, had Ms. Holloway's will admitted to probate. Gourlie was appointed personal representative of the estate, with respondent Highlands Insurance Company as the probate surety. After the court settled the first account, we granted a petition for writ of mandate and directed the court to set aside the order for probate for lack of jurisdiction based on improper notice to appellant Joseph Monat, decedent's half-nephew. (Case No. B060132, filed February 1992.)
Monat filed a petition for administration of the estate, Gourlie renewed her petition for probate of the will, and appellant filed a will contest. While these matters were pending, Highlands learned that Gourlie, who was no longer personal representative of the estate, had improperly withdrawn $100,000 from the estate, of which she kept $50,000. Monat's will contest was sustained and he was appointed administrator of the estate.
Monat petitioned for an accounting from the former personal representative; Gourlie had disappeared, and Highlands reconstructed an accounting on her behalf. Appellant challenged the reconstructed accounting, and the court referred the case to a retired judge as a referee. After hearings and some preliminary rulings by the referee, Highlands voluntarily paid â€
