Legal Opinion
Estate of Harrison
California Court of Appeal
Decided March 21, 1951No. Civ. 14692PublishedCited by 4 opinions
1Opinion of the CourtBray, J.
Appeal from (1) decree of settlement of second and final account and of distribution; (2) order denying motion to vacate such decree.
The order denying the motion to vacate is not appeal-able. (Lutz v. Christy, 67 Cal. 457 [8 P. 39].) This decision was based on section 963, subdivision 3, of the Code óf Civil Procedure. In 1931 section 1240 of the Probate Code was enacted providing for appeals in probate. It does not provide an appeal from a decree of this type, so the rule is the same. (Linstead v. Superior Court, 17 Cal.App.2d 9 [61 P.2d 355]; Gladding v. Superior Court, 7 Cal.2d 408 [60…
2Cases cited8 opinions
- Garwood v. GarwoodCalifornia Supreme Court · 1866
- Linstead v. Superior CourtCalifornia Court of Appeal · 1936
- Lutz v. ChristyCalifornia Supreme Court · 1885
- Brown v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1938
- Gladding v. Superior CourtCalifornia Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of McMillinCalifornia Supreme Court · 1956
- Winstanley v. RobinsonCalifornia Supreme Court · 1956
- Estate of GopcevicCalifornia Court of Appeal · 1964
- Lillick, Geary, Wheat, Adams & Charles v. CastroCalifornia Court of Appeal · 1964