Legal Opinion

In re Estate of Bedell

Superior Court of California, County of San Francisco

Decided March 25, 1892No. 11,494Published

Clara Cecilia Bedell died on October 16, 1891, leaving a will dated June 20, 1891, in which Richard Y. Dey was named as executor. On November 3, 1891, Edward W. Gunther filed a petition for letters of administration with the will annexed, alleging that Dey had renounced his right to act as executor, and that the mother of the decedent requested his, Gunther’s, appointment as administrator. Annexed to the petition was the request of the mother.

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Clara Cecilia Bedell died on October 16, 1891, leaving a will dated June 20, 1891, in which Richard Y. Dey was named as executor. On November 3, 1891, Edward W. Gunther filed a petition for letters of administration with the will annexed, alleging that Dey had renounced his right to act as executor, and that the mother of the decedent requested his, Gunther’s, appointment as administrator. Annexed to the petition was the request of the mother. On November 14, 1891, A. C. Freese, public administrator, filed a petition praying that letters be issued to him. On December 7, 1891, Gunther filed an…

1Opinion of the CourtCoffey, J.

Testatrix died leaving a will nominating one Richard Y. Dey as executor. Dey renounced and Gunther applied for letters of administration, with the will annexed, upon request preferred in writing of the father and mother. The father expressly waived and relinquished his right to be appointed, and requested the appointment of Gunther. Subsequently, and after the case was submitted for consideration, *80he undertook to retract this relinquishment and requested the appointment of the public administrator.

The first brief was filed January 5th, the last brief February 6, 1892; the first requested of…

2Cases cited13 opinions

  1. In re Estate of BedellCalifornia Supreme Court · 1893
  2. Camp v. GriderCalifornia Supreme Court · 1882
  3. In re the Estate of BeechCalifornia Supreme Court · 1883
  4. In re the Estate of DorrisCalifornia Supreme Court · 1892
  5. In re Estate of CotterCalifornia Supreme Court · 1880

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