Carle

Carle v. Heller

Good Law
18 Cal. App. 577·1912 Cal. App. LEXIS 405·123 P. 815
Court of Appeal of CaliforniaMarch 26, 1912Civ. No. 1079.California836 words

Opinion

lead Opinion

Shaw, J.

One Charles Heller died intestate, leaving surviving him a daughter, the plaintiff herein, and a widow and two sons, the defendants. The widow was appointed administratrix of his estate and the same, as inventoried, was in due course settled and distributed in accordance with the orders of court. Thereafter plaintiff filed this complaint, alleging that her mother, as such administratrix, had neglected and failed to account for certain property owned by deceased at the time of his death. This property, all of which defendant Louise Heller claims as her separate estate, consisted of $1-2,000 -cash in bank, household furniture of the alleged value of $1,000, and an undivided one-half interest in certain real estate designated as the “West Sixth street property,” in all of which plaintiff claimed an interest as the daughter of the deceased. The court found that all of the property involved was the separate estate of defendant Louise Heller and gave judgment accordingly. Plaintiff appeals from this judgment, and from an order denying her motion for a new trial.

While the record discloses upward of fifty specifications of error based upon insufficiency of evidence, the only one…

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