In Re the Estate of Barnes (1921) · DecisionDepot

In Re the Estate of Barnes

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Dec 15, 1921 No. L. A. No. 6874.Published

Before: Richards

AI Brief

AI-generated · verify before citing

Holding. The court held that the probate court's finding that the appellant was not a bona fide resident of California was supported by sufficient evidence and therefore would not be disturbed on appeal. The court further held that statutes restricting the right of nonresident heirs to administer estates do not violate the Fourteenth Amendment.

Issues

Whether the trial court's finding that the appellant was not a bona fide resident of California was supported by sufficient evidence.
Whether the statute denying nonresident heirs the right to administer estates violates the Fourteenth Amendment to the federal Constitution.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The administration of estates is a matter of statutory regulation and the right to provide thereby for the temporary possession of the property of decedents for the purpose of paying their debts and distributing the residue of their estate”

Synopsis

APPEAL from an order of the Superior Court of Orange County appointing an administrator. R. T. Williams, Judge. Affirmed.

The facts are stated in the opinion of the court.

RICHARDS, J.,

pro

tem, This is an appeal from an order of the superior court of Orange County appointing Charles D. Brown, public administrator, as the administrator of the estate of Elmer Barnes, deceased, and denying the application of Hervey Barnes to be appointed such administrator. Elmer Barnes died intestate on or about January 5, 1920, at Wheaton, Illinois, being at the time of his death a resident of the county of Orange, state of California, and leaving, estate consisting of an undivided half interest in certain real property therein. He left as his surviving heirs his father and mother, Hervey Barnes and Mary Barnes, who, up to the time of his death and for a long time prior thereto, resided in Wheaton, Illinois. On December 14, 1920, Ray

[567]

mond C. Barnes, a brother of said deceased, filed a petition to be appointed administrator of the decedent’s estate, whereupon the said public administrator filed a like petition, in which he alleged that. said Raymond C. Barnes was not qualified to be appointed as such administrator for the reason that he was not entitled to share in the distribution of said estate. Thereupon Hervey Barnes, the father of said deceased, having received at his home in Illinois a telegram from his son, Raymond C. Barnes, stating that the latter was having some difficulty in being appointed administrator, and requesting him to come out as an heir of his deceased son and apply for letters of administration, came at once to California, arriving in Orange County on December 20, 1920, and filed his petition for letters of administration in said estate on December 30, 1920. The petition of Raymond C. Barnes was thereupon dismissed. Both of the other petitions came on for hearing at the same time, and the court, after taking evidence for and against each petition, made its order denying Hervey Barnes’ petition upon the ground that he was not a

bona fide

resident of the state of California at the time, and granting the petition of the public administrator for letters of administration. This appeal is from said order.

It is the contention of the appellant that he was a

bona fide

In Re the Estate of Barnes

AI Brief

Synopsis

RICHARDS, J.,

More from California Supreme Court

Related research

AI Brief