Healy

Healy v. Superior Court

Good Law
127 Cal. 659·1900 Cal. LEXIS 715·60 P. 428
Supreme Court of CaliforniaFebruary 27, 1900S.F. No. 2060.California944 words

Opinion

Lead Opinion

Henshaw, J.

This is an original application for a writ of review, wherein certain orders of the superior court sitting in probate in the matter of the estate of Matthew Healy, deceased, are sought to be annulled.

There had been a contest over the issuance of letters of administration in the estate of Matthew Healy between the nominee of certain heirs of the deceased and J. W. Hosselkus, public administrator of the county. As an outcome of the contest, the court made findings favorable to the contention of Hosselkus. It found, also, that the value of the personal property in the estate of the deceased, and the probable value of the annual rents, issues, and profits of the real property, were “about the sum of eighty-five thousand dollars.” Letters of administration were ordered to Hosselkus as'follows:

An appeal from that order was prosecuted to this court, but the appeal was not sustained. (Estate of Healy, 122 Cal. 162 .) The public administrator gave a bond in the penal sum nominated in the order. This bond was approved by the judge of the superior court and letters of administration were issued. By the judgment of this court are sought to be declared null and void the order of the…

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