Estate of Morgan
California Supreme Court
Appeal from the Probate Court of Sacramento County. In 1868, Charlotte II. Morgan died intestate, leaving real and personal property in Sacramento County of the Aralue of about nine thousand dollars. She left three heirs—two nieces and a grandniece, all of Avhom were married women.
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Appeal from the Probate Court of Sacramento County. In 1868, Charlotte II. Morgan died intestate, leaving real and personal property in Sacramento County of the Aralue of about nine thousand dollars. She left three heirs—two nieces and a grandniece, all of Avhom were married women. The petitioner, E. J. Croly, was intimately acquainted with the deceased, having occupied a room in her house for about ^even years previous to her death, and she always advised with him in her business' transactions. She told him before her death that she wished him to settle up her affairs in case of her death.…
1Opinion of the Court
By the Court :
First—It was competent to the Public Administrator as such to petition for and by the order of the Probate Court to receive letters of administration upon this estate.
Second—Croly, who also petitioned for letters, but whose petition was refused; as being merely a “person legally compe*245tent” (Code of Civil Procedure, sec. 1365, subd. 10) could not claim to administer in preference to the Public Administrator.
Third—Nor did the fact that Croly had been recommended to the Probate Court by the next of kin as being a suitable person to administer upon the estate, (under the Code of…
2Cited by12 opinions
- Abrahams v. HosselkusCalifornia Supreme Court · 1898
- In re Estate of CotterCalifornia Supreme Court · 1880
- Melzner v. TrucanoMontana Supreme Court · 1915
- Stuers v. CloughCalifornia Supreme Court · 1894
- Eulert v. PennieCalifornia Supreme Court · 1889
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