In re Estate of Stoker
California Court of Appeal, Second Appellate District
122 Cal. Rptr. 3d 529 (App. 2011)
On May 22, 1997, Steven Wayne Stoker (decedent) executed a will naming Destiny Gularte and Donald Karotick as beneficiaries of his personal property and leaving the residue of his estate to the trustee of a trust he created that same day. On August 25, 2005, decedent executed a handwritten document that expressly revoked the 1997 trust. The document further provided that Gularte would receive nothing and that everything would go to his children, Danine Pradia and Darrin Stoker. The will was not signed by any witnesses. Decedent passed away on February 27, 2008. On March 17, 2008, Gularte filed a petition to have the 1997 will probated. Pradia objected and, on April 28, 2005, filed a petition to probate the 2005 will. At trial, Anne Marie Meier, a friend of decedent, testified that decedent had dictated the language of the 2005 will to her and that she witnessed him signing it. She also testified that he told her the document was to be his last will and testament. Another friend of decedent’s, Gretchen Landry, testified that, in 2001, decedent had urinated on and burned the 1997 will. The trial court found that the 2005 will was valid and that the 1997 will had been revoked. Gularte and Karotick appealed.
Rule of Law
Holding and Reasoning (Gilbert, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.