Estate of Davidson
Before: Hall
Synopsis
Estate of Deceased Person—Distribution—Submission on Agreed Statement of Facts—Waiver of Objections to Petition.—The submission of a proceeding for the distribution of the estate of a deceased person, in pursuance of a stipulation and an agreed statement of facts which set out the claim of the appellants to a distributive share of the estate, operated as a waiver of the necessity, if any existed, for the appellants to file formal written objections to the petition for distribution.
Id.—Appeal—Stipulation Having Effect of Findings—Assignments of Error Unnecessary.—Where such agreed statement of facts covered all jurisdictional matters necessary to support a decree of distribution, as well as all the facts upon which .the respective rights of the appellants and respondent to any portion of the estate depended, it had the force and effect of an unattached finding of facts made by the court, and no assignments of error were necessary to the consideration of an appeal from the decree.
Id.—Widow Dying Intestate Without Issue—Distribution of Community Property—Property Acquired Under Will of Husband.— Upon the death intestate of a widow, leaving no issue, the property left by her, which had been and was the community property of herself and her husband at the time of his death, or the proceeds thereof, and which she had then received either under his will or by right of survivorship, is distributable, in accordance with subdivision 8 of section 1386 of the Civil Code, in the proportion of one-half to each of the designated kin of each spouse.
HALL, J.
This is an appeal from a final decree of distribution made and entered in the matter of the estate of Eliza Ann Davidson, deceased, whereby the court distributed the entire estate of said deceased, who died intestate, to respondent, who is the surviving brother of said deceased, to the exclusion of the appellants, who are the surviving sister and the children of a deceased brother and of two deceased sisters of Walter Park Davidson, the predeceased husband of Eliza Ann Davidson, deceased.
The appeal comes to this court upon a settled bill of exceptions, from which it appears, among other things, that respondent, in the capacity of administrator of the estate of Eliza Ann Davidson, filed a petition for final distribution of said estate, in which he recognized the claim of appellants, as the sister and nieces and nephews of the predeceased husband of the deceased, to take one-half of such portion of the estate of decedent as had been the community property of decedent and her predeceased husband at the time of his death, or was the proceeds thereof.
Subsequently, after a change of attorneys, respondent filed an amended supplemental petition, in which he asked distribution of the entire estate to himself as the surviving brother of deceased.
Appellants filed no written objections to this amended and supplemental petition, but appeared at the hearing thereon, and as appears from the bill of exceptions, “All of the parties interested in the distribution of said estate then and there stipulated that the matter of the distribution of said estate be submitted” upon an agreed statement of facts, which is set forth in the bill of exceptions.
No other evidence was introduced, and after the presentation of the agreed statement of facts, as appears from the bill of exceptions, “Said petition and amended and supplemental petition for distribution of said estate was submitted to the court for decision.”
[120]
Respondent insists, that the appellants have no right to appeal nor to be heard upon the record before this court, because they made no written objections to the amended petition and the bill of exceptions contains no specifications of errors relied upon.
More from California Court of Appeal
- People v. Hill (1998)
- In Re Autumn H. (1994)
- Nwosu v. Uba (2004)
- In Re Casey D. (1999)
- Santisas v. Goodin (1998)
- Cahill v. San Diego Gas & Electric Co. (2011)
- People v. Rivera (2015)
- People v. Barnett (1998)
- People v. Serrano (2012)
- Benach v. County of Los Angeles (2007)