Estate of Harris

Gorham v. Tincher

Good Law
123 Cal. App. 506·1932 Cal. App. LEXIS 999·11 P.2d 667
Court of Appeal of CaliforniaMay 17, 1932Docket No. 7954.California450 words

Opinion

Lead Opinion

Tappaan, J.

A petition was filed by respondent, praying that the will of Mary Harris, deceased, be admitted to probate. Bird W. Gorham, the adopted son of decedent, then filed a contest of said will, but when the contest was called for trial the contest was dismissed and the will was admitted to probate.

During the administration of the estate, which continued for some six years, Bird W. Gorham died, and Minnie A. Gorham was appointed administratrix of his estate. Minnie A. Gorham died on March 16, 1928, never having qualified as the administratrix of the estate of Bird W. Gorham. At the hearing had upon the first and final account, report and petition for distribution of the estate of Mary Harris, held November 7, 1929, one of the attorneys, who had been representing Minnie A. Gorham, appeared before the court and objected thereto on her behalf. It appears that said attorney at that time had no knowledge of her death. Thereafter, on November 12, 1929, the court made and entered an order in said estate distributing said estate as follows: An undivided two-thirds thereof to Bird W. Gorham, and an undivided one-third to the First Christian Church of Long Beach, California. Thereafter, on…

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