Estate of Crosby
California Supreme Court
Appeal by the widow and heir of deceased, from an order of sale of real estate in the Probate Court of the County of Santa - Clara. Payne, J.
1Opinion of the Court
McKinstry, J.:
This is an appeal by the widow and child of the deceased from an “ order of sale of real estate ” of the late Probate Court for Santa Clara. We think when “issues of fact” were tried by the Probate Court, “ findings ” were proper. (Code Civ. Proc. §§ 1713, 1714,1715,1716.)
It is urged by appellants that the allowance by the Probate J udge of the claim presented by Edward P. Peed was improper, in so far as that claim included an alleged judgment in favor of Elliott Peed against Samuel J. Crosby, the decedent, for the following reasons: First, no assignment had been made by Elliott…
2Cases cited8 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Mooers v. WhiteNew York Court of Chancery · 1822
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- McCrary v. TaskerSupreme Court of Iowa · 1875
- Wolf v. OgdenIllinois Supreme Court · 1872
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3Cited by24 opinions
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- Lamont v. VingerMontana Supreme Court · 1921
- Dow v. LillieNorth Dakota Supreme Court · 1914
- In re Estate of SwainCalifornia Supreme Court · 1885
- Montgomery v. First National BankMontana Supreme Court · 1943
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