Legal Opinion

In re Estate of Spriggs

California Supreme Court

Decided July 1, 1862PublishedCited by 21 opinions

Appeal from the Probate Court of Sonoma county. This is an appeal from an order of the Probate Court of Sonoma county refusing to confirm a sale of a parcel of real estate made by the administrator. On the seventh of October, 1861, the Court made an order directing the administrator to sell at public auction seven different parcels of land, a separate and particular description of each parcel being contained in the order.

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Appeal from the Probate Court of Sonoma county. This is an appeal from an order of the Probate Court of Sonoma county refusing to confirm a sale of a parcel of real estate made by the administrator. On the seventh of October, 1861, the Court made an order directing the administrator to sell at public auction seven different parcels of land, a separate and particular description of each parcel being contained in the order. The order recited that the object of the sale was to pay the debts of the estate and the expenses of administration, and stated the amount of these debts and expenses, but…

1Opinion of the CourtField, C. J.

The petition of the administrator in this case was presented to the Probate Judge before the amendments of 1861 to the Act to Regulate the Settlement of the Estates of Deceased Persons took effect. The subsequent proceedings were taken under the act as amended. In stating the purport of the provisions of the original or amended act, we shall confine ourselves to such as bear upon the case before us. The deceased did not leave any family, and of course, there was no question as to any allowance; nor did he leave any heirs.

The statute provides that when the personal estate in the hands of the…

2Cited by21 opinions

  1. Burris v. KennedyCalifornia Supreme Court · 1895
  2. Pryor v. DowneyCalifornia Supreme Court · 1875
  3. Haynes v. MeeksCalifornia Supreme Court · 1862
  4. Tucker v. LeonardSupreme Court of Oklahoma · 1919
  5. Andrada v. KelseyCalifornia Supreme Court · 1902

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