In re Estate of Griffith

Caution
1890 Cal. LEXIS 770·84 Cal. 107·24 P. 381
Supreme Court of CaliforniaMay 9, 1890No. 13628California1,855 words

Opinion

Dissenting Opinion

Beatty, J.

The following is the decision above referred to, rendered in Department on the 31st of March, 1890: —

Iíayne, C.—This was an application by James Stanley, public administrator of Alameda County, to the Superior Court of San Joaquin County, for the revocation of the appointment of John Gambetta, the public administrator of San Joaquin County, as administrator of the estate of Richard Griffith, deceased. The amended petition showed substantially the following facts: —

Richard Griffith died intestate in San Joaquin County, leaving estate therein and also in Alameda County, and being at the time of his death a resident of Alameda *109 County. The petition of Gambetta for administration was filed i-n the Superior Court of San Joaquin County on June 24,1889. Two days afterward, Stanley filed his petition for administration in the Superior Court of Alameda County, The petition first filed came on to be heard first, and on July 6th the San Joaquin court appointed Gambetta administrator of the estate, and issued letters to him. Two days afterward, the Alameda court appointed Stanley administrator, and issued letters to him. The two courts apparently were in ignorance of each other’s…

Lead Opinion

Upon the argument of this case in Bank we are satisfied with the decision heretofore rendered in Department as correct, and the same will stand as the decision of the court.

Order affirmed.

So ordered.

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