Estate of Kelly
California Supreme Court
Appeal from an order granting letters of administration, in the Superior Court of the County of Sacramento. Denson, J. Eliza McDonald was the next of kin of the intestate, and she named the respondent (her husband) as administrator in her stead. The other facts are stated in the opinion.
1Opinion of the Court
The Court:
This case involves the question as to the right of administration. The public administrator a¡)plied for letters, and a counter-application was made by the nominee of a married daughter of the intestate. Under the provisions of the Code of Civil Procedure, we see no way of escaping the conclusion, that in such a case the public administrator has the first right. There' have been, at various times, so many amendments to the Code concerning the right of administration, that it is quite difficult to extract a harmonious system; indeed, in the case at bar, we see no reason why the…
2Cited by4 opinions
- Stuers v. CloughCalifornia Supreme Court · 1894
- In Re Estate of MartinCalifornia Supreme Court · 1912
- Estate of HydeCalifornia Supreme Court · 1883
- In re Estate of Bergin, Superior Court of California, County of San Francisco1893