Estate of Becker

In Re the Estate of Becker

Good Law
1912 Cal. App. LEXIS 244·20 Cal. App. 513·129 P. 795
Court of Appeal of CaliforniaDecember 5, 1912Civ. No. 1221.California1,557 words

Opinion

Lead Opinion

Hall, J.

Although this matter is entitled in this court as above indicated it is really an original proceeding in certiorari, brought in this court by the executors of the last will of said decedent to procure the annulment of an order of the superior court of the city and county of San Francisco vacating and setting aside the notice to creditors given in the matter of s-aid estate, together with the publication of said notice and the decree establishing the due publication thereof, and ordering the publication by said executors of a notice to the creditors of said deceased to present their claims within ten months from the first publication thereof.

Upon the filing of the petition for the writ of review in this court such writ, by order of this court, wias issued directing the superior court and the Hon. J. V. Coffey, judge thereof, to certify to this court a transcript of the record and proceedings in the said matter. In reply to such writ the respondent presented to, and filed with this court, a demurrer to the petition as not stating facts sufficient to entitle petitioners to any relief, and also^ what respondent denominates an answer, which simply raises questions of law arising upon…

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