French

French v. Superior Court

Good Law
1906 Cal. App. LEXIS 156·3 Cal. App. 304·85 P. 133
Court of Appeal of CaliforniaMarch 23, 1906Civ. No. 277.California823 words

Opinion

Lead Opinion

Smith, J.

In this case, one C. W. Buker was, on the twenty-seventh day of July, 1903, duly appointed special administrator of the estate of Harriet M. Arnold, deceased, pending the contests of two wills of the decedent of different dates, which still remain undetermined, and has duly qualified as such. May 10, 1904, he rendered and filed in the superior court a report and account or exhibit of the property of the estate received by him and of payments made by him as such administrator. The account or exhibit prayed that a day be appointed for the hearing thereof, and upon the hearing the same be allowed, approved, and settled; and accordingly notice of such hearing was given by the clerk in the usual manner. The matter, however, was not taken up by the court at the time appointed or afterward; but on the twenty-eighth day of March, 1905, the plaintiffs, who are heirs of the deceased and beneficiaries under either will, filed in the superior court their objections .to the account and contested the allowance and settlement of the same, and thereafter, upon due notice to the court, moved the court to hear and determine the issues thus presented. But the court refused, and has ever since…

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