In re Will of Bowen
California Supreme Court
Appeal from the Prohate Court of Contra Costa County. The petition for the probate of the will of Daniel G-. Bowen, deceased, was filed in the Probate Court of Contra Costa County June 30th,. 1864, by Joseph Bmeric, who was named therein as executor, to admit said will to probate and for letters testamentary to issue to him.
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Appeal from the Prohate Court of Contra Costa County. The petition for the probate of the will of Daniel G-. Bowen, deceased, was filed in the Probate Court of Contra Costa County June 30th,. 1864, by Joseph Bmeric, who was named therein as executor, to admit said will to probate and for letters testamentary to issue to him. Thereafter, and pending said petition, Trinidad Pacheco and others, representing themselves as heirs of said Bowen, deceased, filed in said Court their opposition to the probate of said will as prayed, and, on their motion, certain issues of fact—upon the determination of…
1Opinion of the Court
By the Court, Bhodes, J.:
The Probate Act does not require a service of the notice of appeal. It is provided by section two hundred and ninety-eight that the appeal “ shall be made by filing with the Clerk of the Probate Court a notice stating the appeal from the order, decree or judgment, or some specific part thereof, and by executing an undertaking or giving surety on such appeal, in the same manner and to the same extent as upon an appeal to the Supremé Court from the District Court,” etc. Service of the notice is not required by section three hundred, for it was not intended that the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Pond v. PondCalifornia Supreme Court · 1858
- Brewer v. IsishNew York Supreme Court · 1856
3Cited by7 opinions
- Stevens v. TorreganoCalifornia Court of Appeal · 1961
- Bush v. LindseyCalifornia Supreme Court · 1872
- de Auguisola v. de ArnazCalifornia Supreme Court · 1876
- Jamison v. JohnsonCalifornia Court of Appeal · 1951
- In re Estate of TomlinsonCalifornia Supreme Court · 1868
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