Colville v. Koch

234 F.2d 157 Wilma Urch COLVILLE, Executrix of the Last Will and Testament of Charles J. Colville, Deceased, Plaintiff-Appellant, v. Isabelle C. KOCH, Individually and as Administratrix of the Estate of Edward Cebrian, Deceased, Defendant-Appellee. No. 14741. United States Court of Appeals Ninth Circuit. May 24, 1956. Carl Hoppe, San Francisco, Cal., for appellant. Charles D. Sooy, San Francisco, Cal., for appellee. Before McALLISTER, POPE, and CHAMBERS, Circuit Judges. McALLISTER, Circuit Judge. 1 Charles J. Colville brought suit in the district court on a promissory note against Isabelle C. Koch, administratrix of the estate of Edward Cebrian, deceased. The plaintiff claimed that he had been deprived, through the fraudulent probate of the estate by Mrs. Koch in San Francisco, of the right to file his claim, and that the fraud consisted in Mrs. Koch's representation that her brother had been a resident of San Francisco at the time of his death, whereas, in reality, he had been a resident of Los Angeles; and plaintiff, accordingly, claimed that the notices for the filing of claims should have been published in Los Angeles County instead of San Francisco, which circumstance, he…