Legal Opinion

Keller v. De Franklin

California Supreme Court

Decided July 1, 1855Published

Writ of Error from the Probate Court of Los Angeles County. The facts material to the points decided appear in the opinion of the Court.

1Opinion of the CourtHeydenfeldt, J.

Murray, C. J., and Bryan, J., concurred.

The appellant and respondent both applied to the Probate Court for letters of administration on the estate of Franklin,—the former as Public Administrator, the latter claiming to be the wife of the decedent. The appellant denied that respondent was the wife of Franklin. A hearing was had upon that question before the Probate Judge, who decided in her favor, and granted her the administration.

The appellant assigns for error, that the Probate Court has no jurisdiction to try and determine questions of fact, and cites and relies upon the case of Reed's…

2Cases cited1 opinion

  1. Reed v. McCormickCalifornia Supreme Court · 1854

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