Legal Opinion

Schmidt v. Wieland

California Supreme Court

Decided July 1, 1868PublishedCited by 2 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 27th day of March, 1862, Henry J. Isaacs died, leaving a will, by which he appointed the defendants executors of the same. In due time they entered upon the discharge of the duties of their trust.

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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 27th day of March, 1862, Henry J. Isaacs died, leaving a will, by which he appointed the defendants executors of the same. In due time they entered upon the discharge of the duties of their trust. On the 18th day of December, 1866, the Probate Court made an order directing the executors to pay Mrs. Kate S. Isaacs the sum of five hundred and seventy-three dollars and sixty-four cents, in her own right and as guardian of the infant children of the testator. There were three infant children, and…

1Opinion of the Court

By the Court,' Sanderson, J.:

The complaint shows that the Probate Court made an order directing the defendants, as executors of the will of Henry J. Isaacs, to pay to Mrs. Kate S. Isaacs, in her own right, and as guardian of the infant heirs of Henry J. Isaacs, the sum sued for in this action. That the plaintiff advanced the money, and Mrs. Kate S. Isaacs, acting in her own right and as guardian, assigned the order of the Probate Court to him.

The order of the Probate Court was not the property of the infant heirs of the estate of Henry J. Isaacs, in the sense of the statute in relation to the…

2Cases cited1 opinion

  1. Kendall v. MillerCalifornia Supreme Court · 1858

3Cited by2 opinions

  1. Morse v. HinckleyCalifornia Supreme Court · 1899
  2. De La Montagnie v. Union InsuranceCalifornia Supreme Court · 1871

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