People ex rel. Vantine v. Senter
California Supreme Court
This was an original proceeding commenced in the Supreme Court. On the 26th of March, 1864, Joel Harlan and Elisha Harlan, two sous of George Harlan, the deceased, filed a petition in the Probate Court of Santa Clara County, praying that letters of administration be issued to Lucien B. Huff upon the estate of the deceased.
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This was an original proceeding commenced in the Supreme Court. On the 26th of March, 1864, Joel Harlan and Elisha Harlan, two sous of George Harlan, the deceased, filed a petition in the Probate Court of Santa Clara County, praying that letters of administration be issued to Lucien B. Huff upon the estate of the deceased. The prayer of the petition was granted, and on the 12th day of March, 1864, letters were duly issued and the administrator qualified and entered upon the discharge of the duties of his trust. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Shafter, J.
This is a petition for a writ of prohibition to the County Judge of the County of Santa Clara, restraining and prohibiting him from exercising probate jurisdiction in the matter of the estate of George Harlan, who died intestate on the 8th of July, 1850.
It is insisted op behalf of the petitioner that the estate of Harlan is not subject to administration under the Probate Act . of 1850, in force at the date of Harlan’s death, for the reason that no proceedings were taken under that Act prior to its repeal, May 1st, 1851, (Acts of 1851, p. 489,) for the settle-*505meat of…
2Cases cited6 opinions
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