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Estate of Montgomery

Estate of Montgomery, 55 Cal. 210 (1880)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1880
Docket
No. 6,639
Judges
Sharpstein
Citations
55 Cal. 210
Syllabus
Appeal—Estates op Deceased Pebsoxs.—An appeal does not lie from an order denying a petition for the revocation of letters.
Summary
Appeal from an order of the Probate Court of the County of Tehama. ■ The petition alleged, (besides the jurisdictional facts) that the petitioner was the widow of the deceased, and that letters had been issued at her request to J. W. B. Montgomery, the brother of the deceased, and that at the time of the death of the deceased the said J. W. B. Montgomery was his partner. The prayer of the petition was, that his letters be revoked, and letters issued to the petitioner. A demurrer to the petition was sustained, and the petition dismissed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sharpstein

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Sharpstein, J. :

This is an appeal from an order of the Probate Court refusing to grant a petition for the revocation of letters of administration previously granted and issued to J. W. B. Montgomery.

The Code enumerates the orders from which appeals may be taken to the Supreme Court from Probate Courts. (Code Civ. Proc. § 969.) An order denying a petition for a revocation of letters of administration is not included in the enumeration. Therefore, no appeal will lie from that order.

Appeal dismissed.

Morrison, C. J., and Myrick, J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1880–1881: 11888–1889: 11896–1897: 11900–1901: 118802026peak 1880 · 1

Relies on it most ⓘ

  1. Estate of Keane56 Cal. 407 (1880)
  2. Barrow v. White43 P. 754 (Cal. 1896)
  3. Cunningham v. Eaton60 P. 931 (Cal. 1900)
  4. Estate of Ohm v. Judge22 P. 927 (Cal. 1889)

Most recent

  1. Cunningham v. Eaton60 P. 931 (Cal. 1900)
  2. Barrow v. White43 P. 754 (Cal. 1896)
  3. Estate of Ohm v. Judge22 P. 927 (Cal. 1889)
  4. Estate of Keane56 Cal. 407 (1880)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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