Goldy

Goldy v. Duncan

Good Law
120 Cal. 634·1898 Cal. LEXIS 824·53 P. 30
Supreme Court of CaliforniaApril 26, 1898Sac. No. 379California2,184 words

Opinion

Lead Opinion

Belcher, J.

Theodore E. Weed died intestate in the county of Yolo, in this state, on the twenty-sixth day of March, 1896, being at that time a resident of said county, and leaving-an estate therein, consisting of real and personal property, of the value of about twenty thousand dollars. He left no wife or children and no next of kin residing in this state, unless the appellant, Mary L. Goldy, was so residing.

On April 2, 1896, H. C. Duncan, the public administrator of the county, duly filed a petition praying that letters of administration upon the said estate be issued to him, and thereafter, on the thirteenth day of the same month, Mary L. Goldy filed her petition, stating that she was a niece of said decedent, and praying that letters of administration upon the estate be issued to her.

The two petitions were heard together, and thereafter, on June 5, 1896, the court made and filed its findings of fact and conclusions of law, and ordered and adjudged that letters of administration on the estate be issued to the petitioner, H. C. Duncan. The eburt found “that the petitioner, Mary L. Goldy, was not a Iona fide resident of this state at the time her petition was filed herein, nor was she a…

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