Johnson v. Tyson
California Supreme Court
Appeal from the Probate Court of' San Diego County. Cullen A. Johnson died on the 15th day of May, 1872, at the City of San Diego, leaving a surviving wife and four minor children. Deceased left a will in which J. W. Tyson was appointed executor. The will was probated and letters were issued to Tyson. On the 9th day of September, 1871, the surviving widow had filed a declaration of homestead on a lot of land in San Diego on which she and deceased were then living.
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Appeal from the Probate Court of' San Diego County. Cullen A. Johnson died on the 15th day of May, 1872, at the City of San Diego, leaving a surviving wife and four minor children. Deceased left a will in which J. W. Tyson was appointed executor. The will was probated and letters were issued to Tyson. On the 9th day of September, 1871, the surviving widow had filed a declaration of homestead on a lot of land in San Diego on which she and deceased were then living. June 24th, 1872, the widow filed a petition to have this lot set aside to her as a homestead, and obtained an order to have a…
1Opinion of the Court
By the Court:
It is clearly shown by the record that the executor had appeared from time to time in the proceedings had upon the petition of the widow to set apart certain property as a homestead for her. Notwithstanding such, his general' ap*259pearanee to the petition, the Probate Court subsequently and pending the proceedings, upon the motion of the executor (respondent here), set aside all the proceedings subsequent to the filing of the petition, because “ no citation was issued and served upon the executor.” Of course we would not hesitate, upon these facts, to reverse this action of the…
2Cited by4 opinions
- Raps v. RapsCalifornia Supreme Court · 1942
- In Re Estate of WestCalifornia Supreme Court · 1912
- Estate of KearneyCalifornia Court of Appeal · 1910
- Zeeder v. Regents of the UniversityCalifornia Court of Appeal · 1910