Legal Opinion

Deck's Estate v. Gherke

California Supreme Court

Decided July 1, 1856PublishedCited by 4 opinions

Appeal from the Probate Court of the County of San Francisco. Henry Gherke, the. administrator of the estate of Augustus Deck, appeals to this Court from an order removing him from the administration of said estate; also, from an order disallowing, on the final settlement of appellant’s accounts, certain sums paid by him on claims against the estate for medical services and attendance on the deceased, and a part of appellant’s commissions as administrator, all of which had…

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Appeal from the Probate Court of the County of San Francisco. Henry Gherke, the. administrator of the estate of Augustus Deck, appeals to this Court from an order removing him from the administration of said estate; also, from an order disallowing, on the final settlement of appellant’s accounts, certain sums paid by him on claims against the estate for medical services and attendance on the deceased, and a part of appellant’s commissions as administrator, all of which had been formerly allowed by the administrator and the Probate Judge; and also, from a subsequent order refusing to transfer…

1Opinion of the CourtJustice Terry

Mr. Chief Justice Murray and Mr. Justice Heydenfeldt concurred.

*669This case comes up on an appeal from the judgment of the Probate Court of San Francisco. The errors assigned are,

1. The removal of the appellant from the administration of the estate.

2. The refusal of the Court below to transfer to the District Court for trial, certain issues of fact which had already been tried and decided by the Probate Court.

3. Rejecting on the final settlement of the administrator’s accounts certain sums paid on claims against the estate, which had been duly allowed by the administrator and Probate Judge.

1.…

2Cited by4 opinions

  1. Agostini v. GuttingerCalifornia Supreme Court · 1899
  2. Estate of Graber, Superior Court of California, County of San Francisco1895
  3. In re Guardianship of JonesNevada Supreme Court · 2023
  4. In re Moore's EstateCalifornia Supreme Court · 1889

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