Wolf v. Mulcrevy
California Court of Appeal
APPLICATION for a Writ of Mandamus originally made to the District Court of Appeal for the First Appellate District to direct a county clerk to file, number, and index a petition for probate of will. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
Application for a writ of mandate directing the respondent to file, number, and index a petition for the probate of the estate of Tobe Funkenstein, deceased, separately from a similar petition in the matter of the same estate theretofore filed and pending in the superior court of the city and county of San Francisco, of which respondent is clerk.
We are. of the opinion that the clerk of the court is not invested with power to determine whether or not these two petitions for the probate of the estate of Funkenstein are identically the same, but even if he were, we are strongly…
2Cited by5 opinions
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