Legal Opinion

Dean v. Superior Court

California Supreme Court

Decided June 6, 1883PublishedCited by 14 opinions

Cebtiobabi to the Superior Court of the county of Santa Barbara, to review an order setting aside a decree of the Probate Court in the matter of the estate of H. W. Dean, deceased. This proceeding was instituted by one of the executors of the ' last- will and testament of the deceased. The order in question was made on a petition filed by the residuary legatee more than four years after the decree Avas rendered.

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Cebtiobabi to the Superior Court of the county of Santa Barbara, to review an order setting aside a decree of the Probate Court in the matter of the estate of H. W. Dean, deceased. This proceeding was instituted by one of the executors of the ' last- will and testament of the deceased. The order in question was made on a petition filed by the residuary legatee more than four years after the decree Avas rendered. The additional facts, so far as they bear upon the questions decided, are stated in the opinion, of the court.

1Per curiam

On the 13th July, 1876, the petitioner filed his final account and petition for distribution of the estate of H. W. Dean, deceased, of which he Avas executor; and on the 25tli of the same month the Probate Court rendered a decree discharging the executors, releasing their bond and decreeing that the remainder of the estate “be and is hereby Avholly set over and distributed to Mrs. H. W. Dean,” etc. The petition of the executor stated “that the real estate and personal property described in the inventory remains on hand,” and, “said estate is uoav ready for distribution.” - The decree allowing…

2Cases cited2 opinions

  1. Mondran v. GouxCalifornia Supreme Court · 1875
  2. Dohs v. DohsCalifornia Supreme Court · 1882

3Cited by14 opinions

  1. In re RoseCalifornia Supreme Court · 1889
  2. Lataillade v. OreñaCalifornia Supreme Court · 1891
  3. Simonton v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1923
  4. In Re the Estate of WalkerCalifornia Supreme Court · 1911
  5. Silva v. SantosCalifornia Supreme Court · 1903

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