In re Estate of Schroeder
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. Herman Schroeder died in January, 1862, leaving real estate situated on Everett street, and Minna street, in San Francisco. The deceased left a will, by which he devised his property to his wife Adeline Schroeder, and appointed her executrix.
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Appeal from the Probate Court of the City and County of San Francisco. Herman Schroeder died in January, 1862, leaving real estate situated on Everett street, and Minna street, in San Francisco. The deceased left a will, by which he devised his property to his wife Adeline Schroeder, and appointed her executrix. The will was admitted to probate on the 10th day of February, 1862, but before letters testamentary were issued to the executrix, she intermarried with Carl Jahns, and thereupon, upon the joint petition of said Carl and his wife Adeline, said Carl was appointed administrator with the…
1Opinion of the Court
By the Court, Crockett, J.:
In respect to the Everett street lot, the order of sale must be affirmed. The appellant claims no interest therein, and the owner who has succeeded to the title of the sole devisee having expressly consented to the order of sale, it does not concern the appellant whether it is erroneous or otherwise. Nor is it clear that he is entitled to be heard in respect to the Minna street lot, so long as he holds the possession of it adversely to the administrator, and refuses to account for the rents and profits. But waiving this question, we deem it best to dispose of the…
2Cases cited4 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Willis v. FarleyCalifornia Supreme Court · 1864
- Swain v. NagleeCalifornia Supreme Court · 1861
- Hillebrant v. BurtonTexas Supreme Court · 1856
3Cited by17 opinions
- Lamont v. VingerMontana Supreme Court · 1921
- Chaquette v. OrtetCalifornia Supreme Court · 1882
- In re Estate of SwainCalifornia Supreme Court · 1885
- Montgomery v. First National BankMontana Supreme Court · 1943
- Wise v. WilliamsCalifornia Supreme Court · 1887
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