Legal Opinion

In re Estate of Hickey

California Supreme Court

Decided July 1, 1898No. S. F. No. 1072PublishedCited by 4 opinions

APPEAL from an order of the Superior Court of the City and County of San Francisco vacating an order settling the final account of an administrator of the estate of a deceased person. J. V. Coffey, Judge. The facts are stated in the opinion.

1Opinion of the Court

HAYNES, C.

This appeal is taken by the administrator from an order vacating a prior order settling his final account.

In an addendum to respondent’s brief the point is made that the order is not appealable, and that the appeal should therefore be dismissed. (Citing Wittmeier’s Estate, 118 Cal. 255.)

It was there expressly held that “appeals in probate proceedings lie only from such orders and decrees as are enumerated in. section 963, subdivision 3, of the Code of Civil Procedure.” That the order here appealed from is not enumerated among the appealable orders there provided for is clear.

This…

2Cases cited1 opinion

  1. In re the Estate of WittmeierCalifornia Supreme Court · 1897

3Cited by4 opinions

  1. In Re Estate of WestCalifornia Supreme Court · 1912
  2. In Re SeymourCalifornia Court of Appeal · 1911
  3. Overton v. OvertonCalifornia Court of Appeal · 1910
  4. Parent v. LloydCalifornia Court of Appeal · 1911

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