Lucas v. Todd
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Marin County. The complaint averred that Timothy Murphy died in 1853, in Marin County, leaving a will, by which he appointed James Black and James Miller his executors, and that the will was probated; that in 1S54 they qualified; that letters were issued to them, and they entered on the discharge of the duties of the trust, and continued to act until 1S56, when they resigned, and their resignation was accepted by the…
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Appeal from the District Court, Seventh Judicial District, Marin County. The complaint averred that Timothy Murphy died in 1853, in Marin County, leaving a will, by which he appointed James Black and James Miller his executors, and that the will was probated; that in 1S54 they qualified; that letters were issued to them, and they entered on the discharge of the duties of the trust, and continued to act until 1S56, when they resigned, and their resignation was accepted by the Probate Court; that plaintiff was a nephew of deceased, and in 1858 was appointed by the Probate Court of Marin County…
1Opinion of the Court
By the Court,
Sawyer, J.
More than a year elapsed after the entry of the judgment appealed from before the appeal was taken. The appeal from the judgment,, therefore, was not in time.
On the appeal from the order denying a new trial, the appellant relies, substantially, upon the insufficiency of the *185evidence to show that Lucas is the administrator of Murphy. The question is raised in various forms, as upon rulings of the Court admitting portions of proceedings in the Probate Court, and as to the effect of the evidence when admitted, but the substantial question is, as to the sufficiency of the…
2Cited by5 opinions
- Goldtree v. McAlisterCalifornia Supreme Court · 1890
- Holmes v. Oregon & California R.United States Circuit Court · 1881
- Luco v. Commercial BankCalifornia Supreme Court · 1886
- United States v. PaulsonDistrict Court, S.D. California · 2018
- In re Estate of Welch, Superior Court of California, County of San Francisco1894