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Estate of Mitchell

91 Cal. Rptr. 2d 192 (1999)

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Estate of Mitchell

California Court of Appeal
91 Cal. Rptr. 2d 192 (1999)

RW

Facts

Robert Mitchell and his wife, Shirley Mitchell (defendant), acquired property as joint tenants. After Shirley filed for divorce, the divorce court issued a temporary restraining order (TRO) enjoining Robert from taking any action to transfer or dispose of the jointly held property in any way. Despite the TRO, Robert attempted to sever the joint tenancy and convey any interest in the property to himself. Robert died while the divorce proceeding was still pending. Robert’s son and the administrator of his estate, Charles Jeffrey Mitchell (plaintiff), instituted a probate proceeding and asserted that the property passed to Robert’s estate upon his death. Shirley petitioned the probate court to award her the property, contending that Robert’s severance of the joint tenancy was invalid because it violated the divorce court’s TRO. The probate court granted Shirley’s petition, and Charles appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Richli, J.)

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