Legal Opinion

State v. McGlynn & Butler

California Supreme Court

Decided July 1, 1862PublishedCited by 53 opinions

Appeal from the Fourth Judicial District. This is an appeal from an order of the District Court, granting an injunction at the suit of the State against John A. McGlynn and A. J. Butler, executors of the last will and testament of D. C. Broderick, deceased.

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Appeal from the Fourth Judicial District. This is an appeal from an order of the District Court, granting an injunction at the suit of the State against John A. McGlynn and A. J. Butler, executors of the last will and testament of D. C. Broderick, deceased. The injunction restrains the executors from selling any portion of the estate under an order of the Probate Court heretofore made, requiring the executors to sell the same, or so much as shall be necessary to pay the debts and expenses of administration of the estate; and also enjoins the executors from intermeddling in any manner with the…

1Opinion of the CourtNorton, J.

The complaint in this action sets forth that the Attorney General, in behalf of the People, has filed an information hi the same Court, asking for a decree, that the estate of the late David C. Broderick has escheated to the People of the State; that the Attorney General files this bill in equity, and seeks the aid of the equity powers of the Court in furtherance of the objects and purposes of said information ; that said Broderick died on the sixteenth day of September, 1859, intestate, leaving no heirs, representatives, or devisees, capable of inheriting any of Ms real or personal estate;…

2Cases cited1 opinion

  1. Castro v. RichardsonCalifornia Supreme Court · 1861

3Cited by53 opinions

  1. In Re Estate of BakerCalifornia Supreme Court · 1915
  2. Tracy v. MuirCalifornia Supreme Court · 1907
  3. Crall v. Board of Directors of Poso Irrigation DistrictCalifornia Supreme Court · 1890
  4. Estate of BloomCalifornia Supreme Court · 1931
  5. Moore v. McKevittCalifornia Supreme Court · 1919

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