Regents of University of California v. Turner
Before: Chipman
Synopsis
Estates op Deceased Persons—Petitions por Letters—Superior Bights op Widow.—The widow of the decedent has the superior right to letters of administration over all other petitioners for letters.
Id.—Hearing op Petitions—Amended Petition op Widow—Notice op Future Hearing—Waiver—Jurisdiction.—Where the original petition of the widow and all other petitions for letters had been set for hearing on a certain date, and before that date the widow filed and served an amendment to her petition, setting forth no additional jurisdictional facts, and gave an unnecessary notice of a future hearing thereof, she may waive such notice and consent to the original hearing fixed by the court, and the court has jurisdiction to treat the amended petition as an amendment merely of the original petition, and to disregard the notice and hear all of the petitions at the time fixed, and may then appoint the widow as administratrix, where no objection was made except to the jurisdiction of the court.
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