In Re Estate of Fretwell
California Supreme Court
MOTION to dismiss an appeal from an order of the Superior Court of Marin County granting a family allowance. Thomas J. Lennon, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is a motion to dismiss an appeal taken by a creditor of deceased from an order making a family allowance to the surviving wife.
The sole ground of the motion is that a creditor of the deceased may not maintain such an appeal. It appears from the record that appellant claimed in the court below that the estate is insolvent, and that the order making the allowance appears to have been made on that theory, for it limits the allowance to a period of twelve months, and provides that it is made without prejudice to application for a further allowance “in case hereafter said estate…
2Cases cited1 opinion
- Pennie v. Superior Court of San FranciscoCalifornia Supreme Court · 1891
3Cited by9 opinions
- In Re SeymourCalifornia Court of Appeal · 1911
- Estate of MurphyCalifornia Court of Appeal · 1964
- Estate of PartridgeCalifornia Court of Appeal · 1968
- Bell v. Nat'l Bank of D. O. Mills & Co.California Supreme Court · 1910
- Crocker-Citizens National Bank v. Central Valley National BankCalifornia Court of Appeal · 1968
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