CIVIL PROCEDURE-JUDGMENTS-COLLATERAL ATTACK ON DECREE OF DISTRIBUTION OF A PROBATE COURT

Authors

David W. Rowlinson, University of Michigan Law SchoolFollow

Abstract

Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by statute and therefore that part of the decree is void and is not binding on the distributees. Wharton v. Mollinet, (Cal. App. 1951) 229 P. (2d) 861.

Recommended Citation

David W. Rowlinson, CIVIL PROCEDURE-JUDGMENTS-COLLATERAL ATTACK ON DECREE OF DISTRIBUTION OF A PROBATE COURT, 50 Mich. L. Rev. 463 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss3/8