In re Hamilton
California Supreme Court
Appeal from the Prohate Court, City and County of San Erancisco. William E. Hamilton died intestate in the City and County of San Erancisco, State of California, on the 14th day of June, 1862, leaving estate therein.
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Appeal from the Prohate Court, City and County of San Erancisco. William E. Hamilton died intestate in the City and County of San Erancisco, State of California, on the 14th day of June, 1862, leaving estate therein. On the 2d day of July, 1862, Adolphus Hollub, at that time Public Administrator of the City and County of San Erancisco, filed his petition in the Probate Court of said city and county, setting forth sufficient facts to confer jurisdiction upon the Court, and praying for letters of administration upon said estate; due and legal notice of such application was given by the Clerk of…
1Opinion of the Court
By the Court, Sanderson, J. :
A Public Administrator of the City and County of San Francisco does not, by virtue of his.office, acquire the right to administer upon any particular estate. Like all other persons to whom letters of administration may be granted, as provided in the fifty-second section of the Probate Act, he can take upon himself the duties of an administrator of a given estate only by virtue of a special grant from the Probate Court, made upon a petition filed in the matter of such estate. (Statutes 1860, p. 105; Beckett v. Selover, 7 Cal. 216; Rogers v. Hoberlin, 11 Cal. 128.)
Su…
2Cases cited2 opinions
- Haynes v. MeeksCalifornia Supreme Court · 1862
- Rogers v. HoberleinCalifornia Supreme Court · 1858
3Cited by14 opinions
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- Dennis v. BintCalifornia Supreme Court · 1898
- Barboza v. Pacific Portland Cement Co.California Supreme Court · 1912
- Holmes v. Oregon & California R.United States Circuit Court · 1881
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