Estate of Relph

California Supreme Court May 2, 1921 No. Sac. No. 3257.Published

Before: THE COURT.

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Holding. An order granting letters of administration constitutes a binding adjudication of the deceased's residence that precludes a subsequent probate proceeding in a different county unless the original order is vacated or set aside.

Issues

Whether an order granting letters of administration is a binding adjudication of the deceased's residence for all purposes of estate administration.
Whether a writ of mandate should issue to compel a superior court to proceed with the probate of a will when a prior order granting letters of administration exists in another county.

Disposition. Denied

Quotations verified verbatim against the opinion

“the order of the superior court of San Joaquin County, granting letters of administration, was an adjudication of the fact of residence of the deceased in that county, binding upon the whole world”

“The application for a writ of mandate to compel the superior court of Stanislaus County to proceed in the matter of the alleged will of the deceased is, therefore, denied.”

[1] The court is of the opinion that under the well-settled law of this state the order of the superior court of San Joaquin County, granting letters of administration, was an adjudication of the fact of residence of the deceased in that county, binding upon the whole world, unless vacated or set aside on direct attack, for all the purposes of the administration of the estate of the deceased, including the probate of any subsequently produced will.

The application for a writ of mandate to compel the superior court of Stanislaus County to proceed in the matter of the alleged will of the deceased is, therefore, denied.

All the Justices concurred.

*Page 606

Estate of Relph

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