In Re Estate of Brewer
California Supreme Court
MOTION to dismiss an appeal from the Superior Court of Alameda County distributing the estate of a deceased person. T. W. Harris, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtSloss, J.
Motion to dismiss an appeal from a decree of final distribution. The decree was entered on October 15, 1907. Notice of appeal was served on the attorney for the executrix on December 16, 1907, and was filed on the same day. The ground of the motion to dismiss is that the appeal was “attempted to be taken after the time limited by law.”
Under the statutes, as they existed prior to the legislative session of 1907, there can be no doubt that the service and filing of the notice of appeal were too late. Section 1715 of the Code of Civil Procedure provides that appeals in probate proceedings “must…
2Cases cited12 opinions
- In Re the Estate of McPheeCalifornia Supreme Court · 1908
- In re the Estate of WiardCalifornia Supreme Court · 1890
- People v. WalkerCalifornia Supreme Court · 1901
- Rowe v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1901
- People Ex Rel. Board of State Harbor Commissioners v. Pacific Improvement Co.California Supreme Court · 1900
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3Cited by24 opinions
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
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- Shelton & Luck v. SydnorSupreme Court of Virginia · 1920
- Riley v. ForbesCalifornia Supreme Court · 1924
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