Estate of Perry

Perry v. Crabtree

Good Law
58 Cal. App. 420·208 P. 987
Court of Appeal of CaliforniaJuly 1, 1922Civ. No. 4215.California2,149 words

Opinion

Lead Opinion

Knight, J.

On July 22, 1921, the superior court of Mendocino County made its order appointing the respondent, Minnie Perry, as administratrix of the estate of Frank Perry, deceased, upon the ground and for the reason that she was the surviving widow of said deceased, and by the same order denied the application for letters of administration of Mary Ella Crabtree, a daughter of said deceased by a former marriage. Mary Ella Crabtree has appealed.

On August 27, 1887, the respondent, Minnie Perry, who is the issue of a marriage between a white man and an Indian woman, at the age of thirteen years married one Charles Wathen, with whom she lived, in Sierra City, until about November 1, 1888. Wathen at that time left his wife, intending, as he stated, to go to Brown’s Valley to pasture some stock, but instead of doing so went to Chico. Failing to return, Mrs. Wathen, about December 1, 1888, left Sierra City and returned to her folks at Covelo, in Round Valley. Before she left, however, she wrote to Wathen, stating where she was going and where he might find her upon his return. Within a few days after receiving that letter Wathen returned to Sierra City, but, finding that his wife had already…

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