In re Estate of Carmody
Opinion
Lead Opinion
Belcher, J.
Fannie Carmody died intestate, in the county of Sacramento, on the fourth day of September, 1889. She left surviving her John Carmody, her husband, and five children of a deceased sister, of whom Niel Grant was one, but no issue, father, mother, brother, or sister.
On the 24th of October, 1889, Niel Grant filed in the superior court of the county a petition asking that letters of administration on the estate of decedent be issued to him. In his petition he stated, among other things, “that said deceased left estate in the said county of Sacramento, consisting of real and personal property; that the value and character of said property, so far as known to your applicant, are as follows, to wit: Eight hundred dollars or thereabouts in Sacramento Savings Bank; real estate in California, value unknown; furniture and personal effects, value unknown.”
Two days later the surviving husband filed his petition for letters of administration on the estate. He stated in the petition, among other things, “ that she (decedent) left estate in said county, -which consists of an interest (it is claimed) in certain moneys in the Sacramento Bank, on deposit therein; that the value of said estate is…