Legal Opinion

Estate of Aveline

California Supreme Court

Decided July 1, 1878No. 6235PublishedCited by 10 opinions

Appeal from the Probate Court of San Bernardino County. In 1873, Albert Rogers was elected Administrator of San Bernardino County, and A. Parks, A. Rosseau, M. Katz, and C. F. Roe became sureties on his official bond. Among the estates that came into his official custody as Administrator was that of Aveline.

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Appeal from the Probate Court of San Bernardino County. In 1873, Albert Rogers was elected Administrator of San Bernardino County, and A. Parks, A. Rosseau, M. Katz, and C. F. Roe became sureties on his official bond. Among the estates that came into his official custody as Administrator was that of Aveline. The estate was not settled at the expiration of his term, in 1874; and in March, 1876, he obtained an order of sale of certain real estate belonging to the decedent, receiving therefor, and for other property of the estate, two thousand eight hundred dollars. He then left the State, and…

1Opinion of the Court

By the Court :

Rogers, after his election, was appointed as the administrator of the estate of Aveline, deceased, and after the expiration of his term of office, he petitioned for and obtained an order for the sale of certain real estate, and thereafter sold the same and received the purchase-money therefor. His authority as such-administrator continued, notwithstanding the expiration of his term for which he was elected. (Rogers v Hoberlin, 11 Cal. 120; Estate of Hamilton, 34 Cal. 468.) And his official bond was as obligatory for the faithful performance of his duties as such administrator…

2Cases cited1 opinion

  1. Rogers v. HoberleinCalifornia Supreme Court · 1858

3Cited by10 opinions

  1. Difani v. Riverside County Oil Co.California Supreme Court · 1927
  2. Lavaysse v. Superior CourtCalifornia Court of Appeal · 1944
  3. Union Carbide Corporation v. Filtrol CorporationDistrict Court, C.D. California · 1967
  4. State Ex Rel. Garaventa Land & Livestock Co. v. Second Judicial District Court Ex Rel. County of WashoeNevada Supreme Court · 1942
  5. United States Bank v. City of KendallU.S. Circuit Court for the District of Kansas · 1910

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