Wetzler v. Fitch
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, County of Placer. Plaintiff applied to the District Court for a writ of mandate compelling the Probate Judge of Placer County to proceed and settle the account of the deceased executor John C. Keenan.The petition for the writ alleged that Rosanna H. Keenan died in 1865, at the County of Sacramento, leaving real property in said county, and also a will devising her property, after paying certain legacies, in…
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Appeal from the District Court of the Thirteenth Judicial District, County of Placer. Plaintiff applied to the District Court for a writ of mandate compelling the Probate Judge of Placer County to proceed and settle the account of the deceased executor John C. Keenan.The petition for the writ alleged that Rosanna H. Keenan died in 1865, at the County of Sacramento, leaving real property in said county, and also a will devising her property, after paying certain legacies, in equal shares to an adopted minor son and her husband John C. Keenan, who was named in said will as executor of said…
1Opinion of the Court
I. The Probate Court not being an inferior tribunal, the District Judge has no jurisdiction in the premises.. (Code Civil Procedure, secs. 98 and 1035 : Pond v. Pond, 10 Cal. 495.)
II. “ Mandamus lies to compel an inferior tribunal to perform a duty enjoined by law, if it refuses to do so.” (Lewis v. Barclay, 35 Cal. 213.) There is no law requiring the Probate Judge to set for hearing the account of a deceased executor. This point was settled in the case of Bush v. Lindsay, 44 Cal. 124.
HI. K Julius Wetzler had a claim against Eosanna Keenan’s estate he should have presented it to the…
2Cases cited8 opinions
- Gurnee v. MaloneyCalifornia Supreme Court · 1869
- Bush v. LindseyCalifornia Supreme Court · 1872
- Lewis v. BarclayCalifornia Supreme Court · 1868
- Hope v. JonesCalifornia Supreme Court · 1864
- Francisco v. Manhattan InsuranceCalifornia Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Simonton v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1923
- Silva v. SantosCalifornia Supreme Court · 1903
- Moulton v. SmithSupreme Court of Rhode Island · 1888
- Cross v. BaskettOregon Supreme Court · 1888
- Robbins ex rel. Wood v. BurridgeMichigan Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.