Legal Opinion

Beckett v. Selover

California Supreme Court

Decided July 1, 1857PublishedCited by 65 opinions

Appeal from the Probate Court of the County of San Francisco. A. A. Selover, on the seventeenth of September, 1855, presented to the Probate Court of the county of San Francisco, a petition, setting forth, among other things: That one James Beckett, at the time of his death, and immediately previous thereto, a resident of the said county of San Francisco, died at the city of Sacramento, on or about the tenth of June, 1854, intestate, leaving a large estate.

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Appeal from the Probate Court of the County of San Francisco. A. A. Selover, on the seventeenth of September, 1855, presented to the Probate Court of the county of San Francisco, a petition, setting forth, among other things: That one James Beckett, at the time of his death, and immediately previous thereto, a resident of the said county of San Francisco, died at the city of Sacramento, on or about the tenth of June, 1854, intestate, leaving a large estate. That the petitioner has no knowledge or information as to who are the heirs of said deceased, but is informed and believes that he is…

1Opinion of the Court

Heydenfeldt, J.,

delivered the of the Court—Murray, C. J., and Terry, J., concurring.

1. From the framework of our various acts concerning estates and public administrators, it must be deduced that the commission of the public administrator, as a public officer, stands in the place of letters of administration, and that, consequently, it is unnecessary to issue them, in order to give him control over the property of the estates which come to his hands.

2. The question which arises upon the next error assigned, which I will consider, is whether, after the allowance of a claim, by the…

2Cases cited5 opinions

  1. M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
  2. Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
  3. Moore v. HillebrantTexas Supreme Court · 1855
  4. Autrey v. CannonTexas Supreme Court · 1853
  5. Reed v. McCormickCalifornia Supreme Court · 1854

3Cited by65 opinions

  1. Ewing v. MallisonSupreme Court of Kansas · 1902
  2. Janes v. ThrockmortonCalifornia Supreme Court · 1881
  3. Lamont v. VingerMontana Supreme Court · 1921
  4. State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
  5. Western Pac. Ry. Co. v. GodfreyCalifornia Supreme Court · 1913

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