Legal Opinion

In re Estate of Griffiths

Superior Court of California, County of San Francisco

Decided November 18, 1895No. 16,436Published

Dominick E. Griffiths died intestate in the Republic of Mexico on May 27, 1895. At the time of his death he was a resident of San Francisco, California, and left estate therein. He left him surviving as his heirs his brothers, Joseph, Thomas M. and Edgar V. Griffiths.

Read the full summary

Dominick E. Griffiths died intestate in the Republic of Mexico on May 27, 1895. At the time of his death he was a resident of San Francisco, California, and left estate therein. He left him surviving as his heirs his brothers, Joseph, Thomas M. and Edgar V. Griffiths. These heirs resided in New York, and on August 23, 1895, signed a request in writing that William S. Phelps be appointed administrator of their brother’s estate, and on September 30, 1895, Mr. Phelps filed his petition for letters, together with this request. On the following day A. C. Freese, public administrator of the city…

1Opinion of the CourtCoffey, J.

These are applications for letters of administration upon the estate of Dominick E. Griffiths; one application being filed by the public administrator, and one by W. S. Phelps at the request of the brothers of the decedent, who are his sole heirs at law, and who are all nonresidents of the state of California.

The application of Phelps should be denied and letters issued to the public administrator, for the reasons:

1. The supreme court has decided in several cases, on this state of facts, that the public administrator is entitled to letters of administration: Estate of Beech, 63 Cal. 458;…

2Cases cited5 opinions

  1. Taylor v. PalmerCalifornia Supreme Court · 1866
  2. In re the Estate of BeechCalifornia Supreme Court · 1883
  3. Estate of Stevenson v. RoachCalifornia Supreme Court · 1887
  4. Stuers v. CloughCalifornia Supreme Court · 1894
  5. Estate of HydeCalifornia Supreme Court · 1883

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API