Miller v. Superior Court of Cty. of Yolo

ANGELLOTTI, C. J.

In this matter, originally commenced in the district court of appeal of the first appellate district, division one, an alternative writ of prohibition was

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issued restraining defendants from proceeding further in the matter of the estate of one Francis M. Miller, deceased, and subsequently a peremptory writ was ordered issued. Upon petition to this court, this decision was vacated and a hearing ordered herein.

The only action on the part of respondents relative to the estate of Francis M. Miller is the appointment by the Yolo County superior court on February 14, 1921, of one Cora 'White as special administratrix of the estate of deceased, the qualification of said Cora White as such special administratrix and the issuance to her of special letters of administration, and the institution by her as special administratrix in said superior court of an action against one J. H. Miller to recover certain money alleged to belong to said deceased. It was not, and is not, suggested that respondents entertained or were threatening to entertain any proceeding looking or relating to the appointment of a general administrator or the general administration of the estate.

The claim of plaintiffs is that the Yolo County superior court was without jurisdiction to entertain any special administration proceeding or to appoint a special administrator, solely by reason of the fact of the prior inauguration and pendency in the superior court of the city and county of San Francisco of a proceeding for the probate of an authenticated copy of the will of deceased and the issuance to plaintiffs, who are nonresidents, of letters testamentary thereon, and also the issuance to them pending such admission to probate of special letters of administration.

The deceased was a resident of and died testate in the state of West Virginia. His will was there regularly admitted to probate. It appointed plaintiffs executor and executrix, and they regularly qualified in West Virginia as such, and subsequently presented a duly authenticated copy of the will for probate in this state, filing their application in the superior court of the city and county of San Francisco, alleging that deceased left property in such city and county. Their application was opposed by parties beneficially interested in the estate. Pending determination of this contest in the San Francisco superior court the Yolo County application for special letters of administration was made, based upon sufficient allegations of property in Yolo County.