Estate of Burton
California Supreme Court
Appeal from an order of the Superior Court of San Diego County, setting apart a homestead to the widow of H. S. Burton, deceased, and from an order refusing a new trial. The appellants, W. Leach and John G. Capron, opposed the application of Maria A. Burton, widow of deceased, for an order setting apart to her a parcel of land as a homestead, upon the ground that they were the owners of the property.
1Opinion of the CourtMyrick, J.
The appeal in this case is from an order setting apart a homestead, and from an order refusing a new trial. The order setting apart the homestead was made and entered June 27, 1883; the notice of appeal was served September 18, 1883, more than sixty days after the order was made. (§ 1715, Code Civ. Proc.; Estate of Harland, 64 Cal. 379.) The appeal from this order is therefore dismissed.
As to the appeal from the order denying motion for new trial, it would, doubtless, be competent for a court sitting in probate to examine into the title to a given parcel of the real estate mentioned in the…
2Cases cited1 opinion
- Estate of HarlandCalifornia Supreme Court · 1883
3Cited by11 opinions
- Sonnicksen v. SonnicksenCalifornia Court of Appeal · 1941
- In Re Estate of NiccollsCalifornia Supreme Court · 1912
- In re Estate of GroomeCalifornia Supreme Court · 1892
- In re the Estate of HeldtCalifornia Supreme Court · 1893
- In Re the Estate of SingletonNevada Supreme Court · 1901
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