Stevens v. Torregano

In Stevens v. Torregano (1961) 192 Cal.App.2d 105, plaintiff, claiming to be a pretermitted heir under her father's will, brought an action to impose a constructive trust on assets the probate court ordered distributed to the named beneficiary under the will. In upholding the sustaining of a demurrer on the ground that the probate court's order was conclusive, the Court of Appeal stated: "Ever since the Constitution of 1879 was adopted, decrees of the superior court, sitting in probate, have been held to be just as much final judgments as any other judgment of the superior court." (Id. at p. 113.) The court noted that decrees of the probate court are in rem and are "binding upon all persons interested." (Id. at p. 114.) Finally, the court noted that among the probate decrees to which the rule of finality applies, are decrees of distribution. (Id. at p. 116.)