Cunningham v. Eaton
California Supreme Court
MOTION to dismiss appeal from an order of the Superior Court of Contra Costa County denying a petition to revoke the probate of the will of a deceased person. Joseph P. Jones, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFARLAND, J.
This case is before us on a motion to dismiss the appeal. The appeal is from a judgment or order of the superior court sitting in probate, entered on the fourth day of March, 1899, denying the petition of appellants that the probate of the will of the deceased be revoked. The motion to dismiss is based on several grounds, and, among others, that the order attempted to be appealed from is not appealable because not one of the “probate matters” with respect to which an appeal is provided by the third subdivision of section 963 of the Code of Civil Procedure; and, as the appeal must be dismissed…
2Cases cited9 opinions
- In re Estate of FlintCalifornia Supreme Court · 1893
- In re the Estate of JosephCalifornia Supreme Court · 1897
- In re Estate of WalkerlyCalifornia Supreme Court · 1892
- In re the Estate of SmithCalifornia Supreme Court · 1893
- Barrow v. WhiteCalifornia Supreme Court · 1896
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3Cited by10 opinions
- Logan v. ShelbyCalifornia Supreme Court · 1953
- Estate of CahillCalifornia Supreme Court · 1904
- Allen v. SilvertonCalifornia Court of Appeal · 1936
- In Re SeymourCalifornia Court of Appeal · 1911
- Johnson v. Superior CourtCalifornia Court of Appeal · 1926
5 more not listed; retrieve them via the Exa API.