Barker v. Stanford
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The plaintiffs alleged that their father, J. Willard Barker, died in the City and County of San Francisco, State of California, on or about the 10th day of' September, A. d. 1856, being a resident of said city and county at the time of his death, and leaving both real and personal property therein.
Read the full summary
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The plaintiffs alleged that their father, J. Willard Barker, died in the City and County of San Francisco, State of California, on or about the 10th day of' September, A. d. 1856, being a resident of said city and county at the time of his death, and leaving both real and personal property therein. That on the 21st day of June, A. D. 1858, upon the petition of Helen M. Stanford, then Helen M. Barker, one of the defendants herein, and after due proceeding had and notice given, the Probate Court…
1Opinion of the Court
By the Court, Rhodes J.:
The order made by the Probate Court, on the 11th day of July, 1859, is an order of final distribution. The funds in the hands of the administratrix were ordcrec) “ to be held and managed by her in trust, in pursuance of the will of the deceased, for the children of the deceased ”; and she thereupon took the funds and thereafter held them in her capacity as trustee. *456Having taken the funds in that capacity, she was no longer subject, in respect to those funds, to the orders of the Probate Court, as the administratrix of the estate of the deceased. The sureties upon her…
2Cited by3 opinions
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- United State of America v. DwyerCalifornia Court of Appeal · 1959
- In re the Estate of QuimbyNew Jersey Court of Chancery · 1914