Legal Opinion

In re the Estate of Carpenter

California Supreme Court

Decided August 18, 1887No. 12103PublishedCited by 5 opinions

Appeal from an order of the Superior Court of San Joaquin County appointing a special administrator. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

— This is an appeal from an order appointing a special administrator. We are of opinion that from such an order no appeal lies.

Subdivision 3 of section 963, Code of Civil Procedure, referring to certain appealable matters, reads thus:—

“ From a judgment or order granting, refusing, or revoking letters testamentary, or of administration, or of guardianship.”

Section 1413, Code of Civil Procedure, is as follows:—

“In making the appointment of a special administrator, the court or judge must give preference to the person entitled to letters testamentary or of administration, but no appeal…

2Cited by5 opinions

  1. Estate of Ohm v. JudgeCalifornia Supreme Court · 1889
  2. In re the Estate of LuttedHawaii Supreme Court · 1915
  3. In re Jones' EstateUtah Supreme Court · 1920
  4. Estate of Crockett, Superior Court of California, County of San Francisco1903
  5. Estate of Held, Superior Court of California, County of San Francisco1884

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