BANK OF CALIFORNIA NAT. ASS'N V. SUPERIOR COURT
16 Cal. 2d 516 (1940)
NATURE OF THE CASE: This was a petition for a writ of prohibition after a motion to join
other purported beneficiaries was denied.
FACTS: Boyd died intestate ($225,000), her will was admitted to probate, and the Bank of
California (D) was appointed executor. There were individual legacies and bequests amounting
to $60,000. St. Luke's (D1) received the bulk of the estate as the residuary legatee.
Smedley (P) brought an action to enforce a contract in which Boyd agreed to leave P the
entire estate. P's complaint named D and D1 as defendants. No other legatees were made
defendants or served and none appeared. D and D1 moved to bring in the other defendants and
were denied. They applied for a writ of prohibition to restrain the trial until the other
defendants were joined.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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