Davis

Davis v. Hinckley

Good Law
110 Cal. 231·1895 Cal. LEXIS 1047·42 P. 643
Supreme Court of CaliforniaNovember 30, 1895S. F. No. 207California1,560 words

Opinion

Lead Opinion

McFarland, J.

This is an appeal by Sarah Davis from a decree of distribution to Florence Blythe Hinckley of the property and estate of Thomas H. Blythe, deceased.

The said Blythe died intestate in April, 1883. Letters of administration upon his estate were issued in that year to Philip A. Roach, who was afterward succeeded by others as administrators. More than one year after the issuance of letters the respondent herein, Florence Blythe Hinckley, then Florence Blythe, commenced proceedings, under section 1664 of the Code of Civil Procedure, to have the claims of all persons to said estate, and its distribution, ascertained and declared in the manner provided by that section. She filed her petition in October, 1885, claiming to be the daughter and sole heir of said deceased, and entitled to the distribution of his whole estate. The court duly made an order requiring all persons, named or unnamed, to appear on February 1,1886, and exhibit their claims of heirship, ownership, or interest in said estate, which was duly published; and on said day nearly two hundred persons appeared claiming such heirship. Within the time prescribed by law said Florence filed her complaint, setting forth the facts…

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