Deck v. Gerke
California Supreme Court
Appeal from the Twelfth District, County of San Francisco. The facts, as stated in the opinion of the Court, are as follow : The appellants filed this bill against the respondents in the District Court for the Twelfth District. They claim to be the heirs and distributees of one Auguste Deck, who died in this State, leaving a large real and personal estate.
Read the full summary
Appeal from the Twelfth District, County of San Francisco. The facts, as stated in the opinion of the Court, are as follow : The appellants filed this bill against the respondents in the District Court for the Twelfth District. They claim to be the heirs and distributees of one Auguste Deck, who died in this State, leaving a large real and personal estate. The defendant, Gerke, was the administrator of the estate, and took possession of the personal property and of the realty. It is charged that he has not settled his accounts, and that he is largely liable on account of his administration.…
1Opinion of the CourtBaldwin, J.
Apart from the previous decisions of this Court,’ it might be questioned whether the Probate Court, under our Constitution, did not possess an exclusive jurisdiction over testamentary and probate matters. (Blanton v. King, 2 How. Miss. 856; Carmichel v. Browder, 3 How. *436Miss. R. 252; Force v. Graves, 4 S. & M. 707.) But this Court has recognized a different rule. In Clark v. Perry, (5 Cal. 60) it was held: “ The Probate Court is a Court of special and limited jurisdiction.. Most of its general powers belong peculiarly and originally to the Court of Chancery, which still retains all its…
2Cases cited1 opinion
- Sanford v. HeadCalifornia Supreme Court · 1855
3Cited by6 opinions
- Toland v. EarlCalifornia Supreme Court · 1900
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Rosenberg v. FrankCalifornia Supreme Court · 1881
- Williams v. WilliamsCalifornia Supreme Court · 1887
- Deans v. WilcoxonSupreme Court of Florida · 1889
1 more not listed; retrieve them via the Exa API.