In re the Estate of Sbarboro
California Supreme Court
Appeal from a decree of the Superior Court of the city and county of San Francisco distributing the estate of a deceased person, and from certain orders made therein. On the 2d of December, 1878, the will in question was admitted to probate. On the 3d of December, 1879, the contestants filed their petition for a revocation of the probate, which was granted by the Superior Court on the 14th of May, 1880. From this decree an appeal was taken to the Supreme Court.
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Appeal from a decree of the Superior Court of the city and county of San Francisco distributing the estate of a deceased person, and from certain orders made therein. On the 2d of December, 1878, the will in question was admitted to probate. On the 3d of December, 1879, the contestants filed their petition for a revocation of the probate, which was granted by the Superior Court on the 14th of May, 1880. From this decree an appeal was taken to the Supreme Court. The decree was reversed by that court, and the cause remanded. On the 7th of February, 1883, the remittitur was received by the…
1Opinion of the Court
Foote, C.
In this case the trial court dismissed a petition for the revocation of the probate of a will, as it *149was directed to do by this court in Estate of Sbarboro, 63 Cal. 9, and we perceive no error in such action.
And from the order made therein no appeal lies under section 963, subdivision 3, of the Code of Civil Procedure, since such an order is not there mentioned as being appealable.
And the order made denying the motion of contestants of the will to set aside and vacate all the orders and decrees made by the late Probate Court is not made appealable under the section supra.
The court,…
2Cases cited2 opinions
- O'Connor v. FogleCalifornia Supreme Court · 1883
- McClellan v. DowneyCalifornia Supreme Court · 1883
3Cited by10 opinions
- Crew v. PrattCalifornia Supreme Court · 1897
- Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
- Barrow v. WhiteCalifornia Supreme Court · 1896
- Cunningham v. EatonCalifornia Supreme Court · 1900
- Estate of Ohm v. JudgeCalifornia Supreme Court · 1889
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