Nason

Nason v. Superior Court

Good Law
1919 Cal. App. LEXIS 184·39 Cal. App. 448·179 P. 454
Court of Appeal of CaliforniaJanuary 23, 1919Civ. No. 2759.California1,490 words

Opinion

Lead Opinion

Conrey, J.

Certiorari. By this proceeding petitioner seeks to have annulled an order vacating an order discharging Mabel A. Nason as administratrix of the estate of Cornelius Walker, deceased.

As appears from the petition, after a contest over heirship between Edwin N. Walker and E. Earle Walker (hereafter referred to for convenience as the Walker twins), and Mabel A. Nason, which contest was decided in favor of Mrs. Nason, the court settled the final account of the administratrix, and rendered a decree of distribution, awarding all of the property of the estate to Mrs. Nason. This decree was entered on the fifteenth day of May, 1916. On May 25th, Mrs. Nason filed a receipt made by her as distributee to herself as administratrix, for all the property distributed, and thereupon she applied for and was granted an order of discharge as administratrix of the estate. ¡

On the eighth day of June, 1916, the Walker twins applied to Judge Wilbur in open court by motion for an order vacating the order that had been made discharging Mrs. Nason as administratrix. Notice that said motion would be made was served upon Mrs. Nason, the grounds of the motion being stated in said notice as follows: “That…

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