Iversen

Iversen v. Superior Court

Good Law
115 Cal. 27·1896 Cal. LEXIS 965·46 P. 817
Supreme Court of CaliforniaNovember 12, 1896S. F. No. 407California434 words

Opinion

Lead Opinion

Henshaw, J.

This is an application for a writ of review. No controversy over the facts is presented, but respondent rests his opposition to the granting of the writ upon demurrer alone. The admitted facts are that administration upon the estate of one Celia O. Sober, *28 deceased, had duly and regularly proceeded until a decree of distribution therein had been made and entered, distributing certain property of the estate, consisting of diamond rings, gold watches, diamond and pearl breast-pins, and other pieces of jewelry, to the heirs of Celia 0. Sober, one of whom is the petitioner herein.

The administrator’s final account was settled, and the decree of final distribution entered upon August 26,1891.

Upon January 27, 1896, the court, sitting in probate in the matter of said estate, made the following order: “It is hereby ordered that Emile Sober, Caroline Iversen, and Miriam Peturel deliver forthwith to Adolph Sober, administrator of the estate of Celia 0. Sober, deceased, any and all property of said estate in the possession or under the control of said parties, or either of them, and particularly the following property, viz.” (Here follow the items of jewelry before…

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