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In re the Estate of Kelley

IN THE MATTER OF THE ESTATE OF J. M. KELLEY

In re the Estate of Kelley, 63 Cal. 106 (1883)
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Court
California Supreme Court · State Highest Courts
Decided
January 29, 1883
Citations
63 Cal. 1061883 Cal. LEXIS 371
Headnotes
Partial Distribution—Executrix—Bight op Appeal.—An executrix may appeal from an order directing a partial distribution, but in tile absence of the evidence on which the order was made, the proceedings being regular, and it appearing from the facts found that the condition of the estate was such as to justify the order, there is no ground for a reversal.
Summary
Appeal from an order of the Superior Court of the county of Yolo directing a partial distribution. The facts are stated in the opinion of the court.

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

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This isan appeal from an order of partial distribution, made under § 1658 to § 1661 of the Code of Civil Procedure. The appeal is taken by" the executrix.

First—The point made that the executrix cannot be heard to question the propriety of the order, or to appeal therefrom, is answered by § 1660, which declares that the executrix may resist the application.

Second—The court, after a hearing, found that prior to May 1, 1882, funds had come to the possession of the executrix sufficient to pay all the debts known to the executrix, and all the debts, charges, and expenses of administration which had accrued prior to April 4, 1882, together with the legacies of the first class, and that since that time the further sum of seven thousand dollars had come to her hands; that the legacies to the petitioners could be paid without loss to creditors or injury to the fund necessary to pay the expenses of administration accrued and to accrue. The case comes to us on appeal from the order without the evidence. We cannot see that any error was committed. The court has jurisdiction of the parties and of the subject-matter, and the proceedings seem to be in strict conformity to the sections above referred to.

Order affirmed.

How later courts describe this case

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

1896: 11904: 11906: 21912: 11948: 21951: 118962026peak 1906 · 2

Relies on it most ⓘ

  1. In re Estate of Colton127 P. 643 (Cal. 1912)
  2. Estate of Kessler196 P.2d 559 (Cal. 1948)
  3. Murphy v. O'Connor78 P. 960 (Cal. 1904)
  4. Estate of Young85 P. 145 (Cal. 1906)
  5. In re Phillips' Estate45 P. 222 (Mont. 1896)
  6. In re the Estate of Ray236 P.2d 300 (Nev. 1951)

Most recent

  1. In re the Estate of Ray236 P.2d 300 (Nev. 1951)
  2. Estate of Kessler196 P.2d 559 (Cal. 1948)
  3. Linton v. Walker196 P.2d 559 (Cal. 1948)
  4. In re Estate of Colton127 P. 643 (Cal. 1912)
  5. Estate of Young85 P. 145 (Cal. 1906)
  6. Hyde v. St. Clair149 Cal. 173 (1906)

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

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