Legal Opinion

Schroeder v. Superior Court

California Supreme Court

Decided July 30, 1886No. 11152PublishedCited by 13 opinions

Proceeding for a writ Of review to annul an order of the Superior Court of San Mateo County appointing one Caroline Hawes the special administratrix of the estate of Horace Hawes, deceased.

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Proceeding for a writ Of review to annul an order of the Superior Court of San Mateo County appointing one Caroline Hawes the special administratrix of the estate of Horace Hawes, deceased. Horace Hawes died testate on the 19th of December, 1884. The petitioner, his then. surviving widow, was nominated as the executrix of his will, and letters testamentary thereon were issued to her on the 22d of January, 1885. On the 2d of July, 1885, she married J. B. Schroeder, and has since been his wife. The order appointing the special administratrix was made on the 15th of July, 1885, without notice to…

1Opinion of the Court

The Court.

This is an action to annul by certiorari an order of the Superior Court appointing a special administratrix. The petitioner was duly appointed executrix of the will of deceased, and has never been suspended *344or removed. The Superior Court had therefore no power to appoint the special administratrix. (Code Civ. Proc., sec. 1411.)

If it be said that the order appointing a special administratrix operated a removal of the executrix, the conclusive answer is, that she has never been cited to appear, nor did she appear, to show cause why her letters should not be revoked. (Code Civ. Proc.,…

2Cited by13 opinions

  1. Estate of BuchmanCalifornia Court of Appeal · 1954
  2. Luckey v. Superior Court of Los Angeles Cty.California Supreme Court · 1930
  3. Holman v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1912
  4. McMillan v. HaywardCalifornia Supreme Court · 1892
  5. Cosgrove v. PitmanCalifornia Supreme Court · 1894

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