Pyatt v. Brockman
California Supreme Court
Appeal from the Probate Court of Sonoma County. This was an application by Artemesia Pyatt and others, heirs-at-law of Hiram Smith, deceased, in the Court below, for an order on Israel Brockman, to show cause why he should not pay over to the petitioners the sum of $3,552 29, placed in his hands by the Court a year before, to keep safely for Hiram Smith, Jr., a non-resident minor heir-at-law of the intestate, that being his share of the estate, under an order providing, that…
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Appeal from the Probate Court of Sonoma County. This was an application by Artemesia Pyatt and others, heirs-at-law of Hiram Smith, deceased, in the Court below, for an order on Israel Brockman, to show cause why he should not pay over to the petitioners the sum of $3,552 29, placed in his hands by the Court a year before, to keep safely for Hiram Smith, Jr., a non-resident minor heir-at-law of the intestate, that being his share of the estate, under an order providing, that if the said Hiram Smith, Jr., did not appear and claim it within one year, then that Brockman was to pay the money…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray concurred.
This is a proceeding which is totally unauthorized, and the petitioners have no right whatever to the fund they seek. It is the money of Hiram Smith, Jr., and must remain his until he dies, or disposes of it. The duty of Brockman is to pay it into the State Treasury, where it must remain until the owner comes to reclaim it, or in case of his death, it is claimed by his representatives.
The order of the Probate Court is reversed.
2Cited by3 opinions
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