Legal Opinion

Fowler v. Miller

California Supreme Court

Decided January 22, 1898No. Sac. No. 288PublishedCited by 43 opinions

APPEAL from an order of the Superior Court of Sacramento County revoking letters of Administration, and setting aside and dismissing all proceedings thereunder. Matt. F. Johnson, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

The respondent, Mary F. Fowler, in May, 1896, filed a petition in said estate, the material averments of which were in substance that said decedent died in the state of Washington in 1890, intestate, without any debts, and leaving no estate except a certain described piece of real estate in the county of Sacramento, in this state; that he left as heirs four adult children, all of lawful age, of whom petitioner was one; that by mutual consent of said heirs no administration was taken out upon said estate, but that after the death of said intestate, and before the grant of letters…

2Cases cited2 opinions

  1. Smith v. WesterfieldCalifornia Supreme Court · 1891
  2. In re the Estate of PinaCalifornia Supreme Court · 1896

3Cited by43 opinions

  1. Security-First National Bank v. Superior CourtCalifornia Supreme Court · 1934
  2. Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
  3. Phelps v. GradyCalifornia Supreme Court · 1914
  4. Dow v. LillieNorth Dakota Supreme Court · 1914
  5. Estate of WiseCalifornia Supreme Court · 1949

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