Legal Opinion

Spafford v. Citizens' Trust & Savings Bank

California Supreme Court

Decided May 4, 1917No. L. A. No. 5096PublishedCited by 13 opinions

APPEAL from an order of the Superior Court of Los Angeles County refusing to vacate an order settling the account of an administrator of the estate of a' deceased person. James C. Bives, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

VICTOR E. SHAW, J., pro tem.

This is an appeal from an order of court denying the motion of appellants, made September 5, 1916, under section 473 of the Code of Civil Procedure, to set aside and vacate an order of court, made on April 19, 1916, settling the account of the administrator of the estate of Daniel E. Spafford, deceased.

The order involved is not embraced by the provisions of subdivision 3 of section 963 of the Code of Civil Procedure, which specifies the orders and judgments from which an appeal may be had in probate proceedings. Not only is there a want of statutory authority upon…

2Cases cited5 opinions

  1. In re BauquierCalifornia Supreme Court · 1891
  2. In re the Estate of WiardCalifornia Supreme Court · 1890
  3. Estate of CalahanCalifornia Supreme Court · 1882
  4. Lutz v. ChristyCalifornia Supreme Court · 1885
  5. Estate of CahillCalifornia Supreme Court · 1904

3Cited by13 opinions

  1. Litvinuk v. LitvinukCalifornia Supreme Court · 1945
  2. Estate of O'DeaCalifornia Supreme Court · 1940
  3. Estate of HartCalifornia Court of Appeal · 1949
  4. Simmons v. Santa Barbara Ice and Cold Storage Co.California Court of Appeal · 1958
  5. Estate of LopezCalifornia Court of Appeal · 1947

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