Estate of Montgomery
California Supreme Court
Appeal from an order of the Probate Court of the County of Tehama. ■ The petition alleged, (besides the jurisdictional facts) that the petitioner was the widow of the deceased, and that letters had been issued at her request to J. W. B. Montgomery, the brother of the deceased, and that at the time of the death of the deceased the said J. W. B. Montgomery was his partner. The prayer of the petition was, that his letters be revoked, and letters issued to the petitioner.
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Appeal from an order of the Probate Court of the County of Tehama. ■ The petition alleged, (besides the jurisdictional facts) that the petitioner was the widow of the deceased, and that letters had been issued at her request to J. W. B. Montgomery, the brother of the deceased, and that at the time of the death of the deceased the said J. W. B. Montgomery was his partner. The prayer of the petition was, that his letters be revoked, and letters issued to the petitioner. A demurrer to the petition was sustained, and the petition dismissed.
1Opinion of the Court
Sharpstein, J. :
This is an appeal from an order of the Probate Court refusing to grant a petition for the revocation of letters of administration previously granted and issued to J. W. B. Montgomery.
The Code enumerates the orders from which appeals may be taken to the Supreme Court from Probate Courts. (Code Civ. Proc. § 969.) An order denying a petition for a revocation of letters of administration is not included in the enumeration. Therefore, no appeal will lie from that order.
Appeal dismissed.
Morrison, C. J., and Myrick, J., concurred.
2Cited by4 opinions
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- Barrow v. WhiteCalifornia Supreme Court · 1896
- Cunningham v. EatonCalifornia Supreme Court · 1900
- Estate of Ohm v. JudgeCalifornia Supreme Court · 1889