Hecht v. Kan

16 Cal.App.4th 836 (1993)

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Nature of the Case

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Facts

Kane was 48 when he took his own life in a Las Vegas hotel. Five years prior to his death, he lived with Hecht (P). Kane also was survived by two college-aged children. In October 1991, Kane deposited 15 vials of his sperm in a sperm bank with instructions to release the specimens to the executor of his estate and P and by her physician. On September 1991, Kane executed a will, which named P as the executor of his estate and gave P all right and title to the sperm. After his death, the children contested the will, but a settlement agreement was reached and agreed to in open court. P's counsel then attempted to claim the sperm from the sperm bank, and the bank refused her access. The matter went back to court, and the children then contended that the settlement agreement was valid and binding. P contended that the sperm was not an asset and that it was given as a gift and was not subject to the catchall provisions in the settlement agreement. A second agreement was reached, and P was allowed to take the sperm provided that she indemnifies the children against any unborn child of Kane. An estate creditor named Kelly objected to the settlement and the court set the matter for trial. The children of Kane then filed a motion to destroy the sperm or distribution according to the first settlement agreement. The court ordered the sperm destroyed and P appealed.