Williams v. Dwinelle
California Supreme Court
Application to the Supreme Court for writ of prohibition. Jacob C. Beicleman died on the eighth day of July, 1865, seized of a large amount of real estate in the city and county of San Francisco, leaving a will in which he nominated Samuel H. Parker executor without bonds, with direction to the executor to sell, within one year, all said real estate except such portions as were by the will given, devised, and bequeathed, in trust, for the benefit of the testator’s niece and…
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Application to the Supreme Court for writ of prohibition. Jacob C. Beicleman died on the eighth day of July, 1865, seized of a large amount of real estate in the city and county of San Francisco, leaving a will in which he nominated Samuel H. Parker executor without bonds, with direction to the executor to sell, within one year, all said real estate except such portions as were by the will given, devised, and bequeathed, in trust, for the benefit of the testator’s niece and nephew, Katie and Willie Ketler. The testator, in said will, made several specific bequests of money, and then devised…
1Opinion of the Court
By the Court:
It did not appear by the pleadings or the findings that the entire sum of money directed to be paid into court, was at the time, or ever had been, actually in the hands of the trustee; on the contrary, it appears that the sum is made up in part of moneys which, in the opinion of the court, the trustee ought to have received, but had not received as interest. It is clear that the order was not within the class of orders provided for by the Code of Civil Procedure (Sees. 572, 3, 4.) And conceding that the power of the court is not limited by the provisions of the Code, no such…
2Cited by6 opinions
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
- People of the Territory ex rel. Pierce v. CarringtonUtah Supreme Court · 1888
- Brown v. MooreCalifornia Supreme Court · 1882
- State ex rel. Heffner v. Judge of First Judicial DistrictSupreme Court of Louisiana · 1898
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