Abila v. Burnett
California Supreme Court
Appeal from the Prohate Court of Los Angeles County. Antonio Ignacio Abila died at the County of Los Angeles, on or about the 25th day of September, A.- D. 1858, leaving a will, in which respondent, (Pedro Antonio Abila), Juan Abila, and Rosa Ruiz de Abila (wife of deceased) were named as executors; Juan Abila subsequently resigned his trust, and Rosa Ruiz de Abila (now deceased) and respondent became the remaining executors.
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Appeal from the Prohate Court of Los Angeles County. Antonio Ignacio Abila died at the County of Los Angeles, on or about the 25th day of September, A.- D. 1858, leaving a will, in which respondent, (Pedro Antonio Abila), Juan Abila, and Rosa Ruiz de Abila (wife of deceased) were named as executors; Juan Abila subsequently resigned his trust, and Rosa Ruiz de Abila (now deceased) and respondent became the remaining executors. Proceedings were had in the Probate Court to contest the will of deceased by Marta Abila de Padilla et als. Issues were framed and certified to the District Court for…
1Opinion of the Court
By the Court, Sanderson, J.:
This was an application to the Probate Court' of Los Angeles County by an executor for an order authorizing him to sell real property belonging to the estate of his testator, for the purpose of satisfying a claim in his own favor for services and expenses as executor. Accompanying his petition as an exhibit is what purports to be an account of his transactions, showing, if correct, an indebtedness in his favor; but the case shows that the account had never before been presented or allowed and settled by the Court, and that no notice was given in the citation to…
2Cases cited1 opinion
- In re Estate of WoodworthCalifornia Supreme Court · 1867
3Cited by8 opinions
- Steinberger v. YoungCalifornia Supreme Court · 1918
- Falley v. GriblingIndiana Supreme Court · 1891
- Shirran v. DallasCalifornia Court of Appeal · 1913
- Estate of RoachCalifornia Supreme Court · 1903
- Estate of Barrett, Superior Court of California, County of San Francisco1899
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