In re Estate of Scott
California Supreme Court
Application for mandamus to the Probate Judge of city and county of San Francisco. Charles G. Scott died out of this State, leaving' property in Santa Clara county, where letters of administration were granted to IL, a creditor. Subsequently, the widow of S. arrives in California and applies to the Probate Court of Santa Clara to revoke the letters of IL, on the ground that they should have been granted by the Probate Court of San Francisco.
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Application for mandamus to the Probate Judge of city and county of San Francisco. Charles G. Scott died out of this State, leaving' property in Santa Clara county, where letters of administration were granted to IL, a creditor. Subsequently, the widow of S. arrives in California and applies to the Probate Court of Santa Clara to revoke the letters of IL, on the ground that they should have been granted by the Probate Court of San Francisco. The attorneys of the widow and of K. then filed a stipulation, agreeing that the cause be transferred to the Probate Court of San Francisco; K. also…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The petition for a mandamus is denied. The Probate Court of Santa Clara had jurisdiction, of which it could not divest itself, and vest the jurisdiction in the Probate Court of San Francisco county, upon the facts in the record.
These proceedings for the settlement of an estate, and matters connected therewith, are not civil actions within the meaning of the Practice Act, secs. 18 to 21. The Judge of the Probate Court of San Francisco county was right in remanding the cause to the Probate Court of Santa Clara; who will proceed to act in the premises as if no order for the…
2Cited by6 opinions
- Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
- Dow v. LillieNorth Dakota Supreme Court · 1914
- In re the Estate of JosephCalifornia Supreme Court · 1897
- Territory of Washington v. KleeWashington Supreme Court · 1890
- State ex rel. Eakins v. District Court of the Second Judicial DistrictMontana Supreme Court · 1906
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