Legal Opinion

Cummings v. Chevrier

California Supreme Court

Decided July 1, 1858PublishedCited by 3 opinions

Appeal from the Probate Court of the County of Siskiyou. Letters of administration were granted by the Probate Court of Siskiyou county, on the estate of Victorine Massey, deceased, to the plaintiff, who was the public administrator of the county.

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Appeal from the Probate Court of the County of Siskiyou. Letters of administration were granted by the Probate Court of Siskiyou county, on the estate of Victorine Massey, deceased, to the plaintiff, who was the public administrator of the county. The defendant, Eugene Chevrier, subsequently petitioned the Court to revoke the letters granted to plaintiff, and order the property of the deceased to be delivered to him as the surviving husband of the deceased, there being no debts against the estate, except the funeral expenses. Chevrier did not allege, in his petition, nor was it shown to the…

1Opinion of the CourtTerry, C. J.

Baldwin, J., and Field, J., concurring.

The Court below erred in entering the order appealed from, upon the allegations and proofs before it.

In order to entitle a surviving husband or wife to the whole common property, it must be affirmatively shown that there are no descendants of the deceased. (§ 10 of Law concerning Husband and Wife, Wood’s Digest, 488.)

Judgment reversed, and cause remanded.

Cummings v. Chevrier, (No. 2.)—Reversed and remanded, for the reason stated in the opinion in Cummings v. Chevrier, (No. 1.)

Terry, C. J.

We concur: Baldwin, J.,

Field, J.

2Cited by3 opinions

  1. Doak v. BrubakerNevada Supreme Court · 1865
  2. Sharon v. ShawNevada Supreme Court · 1866
  3. Lowe v. MatsonAppellate Court of Illinois · 1890

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