In re the Estate of Beech
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco denying the application and petition of Thomas Menzies for letters of administration, and granting the same to the public administrator. The decedent died in England, being at that time a resident of that country. He was never a resident of California, but left an estate here consisting of ten thousand dollars, deposited in the Security Savings Bank of San Francisco.
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Appeal from an order of the Superior Court of the city and county of San Francisco denying the application and petition of Thomas Menzies for letters of administration, and granting the same to the public administrator. The decedent died in England, being at that time a resident of that country. He was never a resident of California, but left an estate here consisting of ten thousand dollars, deposited in the Security Savings Bank of San Francisco. The heirs of the decedent were Walter H. Beech, his son, and Mary L. F. Beech and Mrs. Bell, his daughters, all residents of the kingdom of Great…
1Opinion of the CourtShabpsteix, J.
Section 1369 of the Code of Civil Procedure declares that “no person is competent or entitled to serve as administrator who is ... . not a bona fide resident of this State.” Section 1379 of the Code of Civil Procedure provides that “ administration may be granted to one or more competent persons, although not entitled to the same, at the written request of the person entitled, filed in the court. When the person entitled is a non-resident of the State, affidavits or depositions, taken ex 'parte before any officer authorized by the laws of this State to take acknowledgments and administer…
2Cases cited2 opinions
- Williams v. PotterNew York Supreme Court · 1848
- Street v. CommonwealthSupreme Court of Pennsylvania · 1843
3Cited by22 opinions
- In re Estate of BedellCalifornia Supreme Court · 1893
- Brundage v. Union Trust Co.California Supreme Court · 1904
- McGilvary v. KnightCalifornia Supreme Court · 1898
- In re Estate of BerginCalifornia Supreme Court · 1893
- In Re Estate of HarrisonCalifornia Supreme Court · 1901
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