Legal Opinion

Estate of Warner

California Supreme Court

Decided October 1, 1910No. Sac. No. 1809PublishedCited by 19 opinions

APPEAL from an order of the Superior Court of Sacramento County granting letters of administration, and from an order refusing a new trial. J. W. Hughes, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtSloss, J.

Adam Warner having died intestate, a contest over the right to act as administrator of his estate arose between Katie Warner, his widow, and Adam J. Warner, his son. The superior court made an order granting letters of administration to the son, and the widow appeals from the order, and from an order denying her motion for a new trial.

Where the surviving wife is entitled to succeed to some portion of the personal estate, she has a preferential right to letters. (Code Civ. Proc., sec. 1365.) The right of the widow in this case was disputed on the ground that she had, by an ante-nuptial…

2Cases cited6 opinions

  1. Daley v. RussCalifornia Supreme Court · 1890
  2. Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
  3. Estate of WarnerCalifornia Court of Appeal · 1907
  4. Poheim v. MeyersCalifornia Court of Appeal · 1908
  5. Seebach v. KuhnCalifornia Court of Appeal · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Kirk v. CulleyCalifornia Supreme Court · 1927
  2. Ayoob v. AyoobCalifornia Court of Appeal · 1946
  3. In Re Marriage of Garrity and BishtonCalifornia Court of Appeal · 1986
  4. Krotzer v. ClarkCalifornia Supreme Court · 1918
  5. Peek v. SteinbergCalifornia Supreme Court · 1912

14 more not listed; retrieve them via the Exa API.

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