In re Estate of Letellier
California Supreme Court
Appeal from a decree of the Superior Court of Alameda County directing the partial distribution of the estate of a deceased person. At the time of the hearing of the petition for partial distribution, certain persons claiming to be the widow and children of the testator, whose names were omitted from the will, appeared and contested the application, on the ground that they were entitled to the whole of the estate.
Read the full summary
Appeal from a decree of the Superior Court of Alameda County directing the partial distribution of the estate of a deceased person. At the time of the hearing of the petition for partial distribution, certain persons claiming to be the widow and children of the testator, whose names were omitted from the will, appeared and contested the application, on the ground that they were entitled to the whole of the estate. The court overruled the contest, and decreed a partial distribution to Eugenie Couturier, one of the devisees named in the will. The contestants thereupon appealed. The further…
1Opinion of the Court
Hayne, C.
This is an appeal from a decree of partial distribution, made upon the petition of the executor.
The provision of the Code of Civil Procedure is as follows: —
*312“ Sec. 1658. At any time after the lapse of four months from the issuing of letters testamentary or of administration, any heir, devisee, or legatee may present his petition to the court for the legacy or share of the estate to which he is entitled, to be given to him upon his giving bonds, with security, for the payment of his proportion of the debts of the estate.”
And the next section provides that “notice of the application…
2Cited by4 opinions
- Arnold v. MorrisseyMontana Supreme Court · 1921
- Alcorn v. GiesekeCalifornia Supreme Court · 1910
- Estate of Donahue, Superior Court of California, County of San Francisco1887
- Estate of LambCalifornia Superior Court · 1910