Estate of Spencer

This appeal was taken from an order made February 2, 1925, by the superior court of the county of Alameda, denying appellant’s motion, as public administrator of the county of Sacramento, for an order dismissing the probate proceedings in the above-entitled matter inaugurated in said county of Alameda, April 20, 1920, wherein letters of administration were regularly issued to respondent by said superior court upon the estate of the decedent, J. M. Spencer, on the thirteenth day of May, 1920. No proceedings for the administration of said estate were pending in any other court of this state. The sole ground of the motion, as stated in the notice, was that said court did not have “jurisdiction of the proceedings.” Said notice of motion constituted the first and only objection made by appellant, or by any other person, to the issuance of letters of administration to respondent and it was not made until the expiration of a period of almost five years following the day upon which said letters were issued.

The jurisdictional defects were not specifically pointed out in the notice of motion, but were attempted to be shown by the evidence taken at the hearing of the motion and were…