Baker v. O'Riordan
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new" trial. ' The plaintiff sought to set aside a decree of distribution of an estate, made by the Probate Court, upon the ground of fraud on the part of the defendant in procuring the decree. It was found by the Superior Court that the plaintiff was the husband of the decedent.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new" trial. ' The plaintiff sought to set aside a decree of distribution of an estate, made by the Probate Court, upon the ground of fraud on the part of the defendant in procuring the decree. It was found by the Superior Court that the plaintiff was the husband of the decedent. The wife was the owner of real estate in San Francisco which was her separate property. He was a sailor and master of a whaling vessel, and was absent at sea for many years. In his absence the defendant…
1Opinion of the CourtSharpstein, J.
The findings are to the effect that the: defendant, who was administratrix of the estate of Eliza Baker, deceased, by false and fraudulent acts and proceedings, imposed so far upon the Probate Court as to procure therefrom a decree: assigning to said defendant the share of said estate to which the plaintiff was entitled as the husband of said deceased; and that the notice which the judge of probate ordered to be given of the hearing of defendant’s petition for distribution of said estate, was not given as required by section 1634 of the Code of Civil Procedure, nor did the plaintiff have any…
2Cases cited1 opinion
- People v. LafargeCalifornia Supreme Court · 1853
3Cited by35 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Sohler v. SohlerCalifornia Supreme Court · 1902
- Jeffords v. YoungCalifornia Court of Appeal · 1929
- Smith v. JonesCalifornia Supreme Court · 1917
- Folwell v. HowellSupreme Court of Connecticut · 1933
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