In re Estate of Pico
California Supreme Court
Appeal from the Probate Court, County of Los Angeles. Andres Pico died in Los Angeles County on the 14th day of February, 1876. On the 23rd day of February, 1876, Romulo Pico, an illegitimate son of the deceased, petitioned the Probate Court for letters of administration on his estate. Pio Pico, a brother of the deceased, on the 25th of February, also petitioned for letters. Said Pio Pico also filed objections to the appointment of the son.
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Appeal from the Probate Court, County of Los Angeles. Andres Pico died in Los Angeles County on the 14th day of February, 1876. On the 23rd day of February, 1876, Romulo Pico, an illegitimate son of the deceased, petitioned the Probate Court for letters of administration on his estate. Pio Pico, a brother of the deceased, on the 25th of February, also petitioned for letters. Said Pio Pico also filed objections to the appointment of the son. Special issues were prepared and submitted to a jury. The jury found that the father did not acknowledge the son in writing, and that the son was over…
1Opinion of the Court
*85The word “ children ” in sub. 2, sec. 1365, Code Civil Procedure, means legitimate children. An illegitimate child, though adopted by his father, as provided in sec. 230 Civil Code, is not entitled to administration upon the estate of his father. He cannot inherit from his father unless acknowledged in the manner prescribed in sec. 1387 Civil Code.
Sec. 230 Civil Code provides for and applies only to the adoption of a minor.
Thom, <& Hoss, for the Respondent.
Suppose the respondent, Romulo, had only been twenty years old on the 1st day of January, 1873, when the law in question took effect!…
2Cited by12 opinions
- In re the Estate of JessupCalifornia Supreme Court · 1889
- Estate of LundCalifornia Supreme Court · 1945
- In Re Estate of HeatonCalifornia Supreme Court · 1902
- Marshall v. RogersCalifornia Supreme Court · 1949
- Glick v. KnollMontana Supreme Court · 1959
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