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ESTATE OF BENNETT

No. G038208.

163 Cal.App.4th 1303 (2008)

Estate of JACK HARRY BENNETT, Deceased. LU ELLA BENNETT et al., Petitioners and Respondents, v. SMITH HEAVY INDUSTRIAL TRANSIT CORPORATION et al., Claimants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

June 13, 2008.

Attorney(s) appearing for the Case

Law Offices of Kent Vallette, Kent Leeds Vallette; Law Offices of Duff S. McEvers, Duff S. McEvers; Rutan & Tucker, Theodore I. Wallace, Jr., and Treg A. Julander for Claimants and Appellants.

Law Offices of Michael R. Lawler, Michael R. Lawler, Jr., Robert B. Houssels; Howard Rice Nemerovski Canady Falk & Rabkin, Bobbie J. Wilson, Sarah M. King and Christopher Kao for Petitioners and Respondents.

OPINION

RYLAARSDAM, Acting P. J.

Claimants Smith Heavy Industrial Transit Corporation and Advanced Development Holdings, Inc. (collectively Smith), appeal from a probate court order granting the motion of petitioners Lu Ella Bennett, Jack H. Bennett, Jr., and Louise Comer to set aside and rescind a settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). (Prob. Code, § 11604; all...

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