Estate of Marsh
This is the second of two companion appeals arising out of the litigation following the death of Monroe Marsh (Monroe) in 2009 at an age no less than 94. The first appeal we have termed, after the last two digits of its docket number, the “38 appeal.†This is the “74 appeal.†As was the case with the 38 appeal, the haphazard nature of the record assembled by the appellant’s attorney requires us to take judicial notice of the companion appeal to compile a coherent narrative.
The basic story is told in the 38 appeal. That appeal covers most of the events in the litigation from Monroe’s death in late 2009 to the sustaining of a demurrer to a will contest filed by appellant Jane Marsh (Jane) in early March 2011. The focus of the 38 appeal is the dismissal of Jane’s first civil action, what we have called the “4291 civil action†after the last four digits of its trial court docket number. The 4291 civil action attacked Monroe’s will on the theory that, as his surviving “partner,†Jane succeeded to the entirety of his estate as a matter of California “partnership†law.
Comments on Estate of Marsh