Estate of Hyde (1883) · DecisionDepot

Estate of Hyde

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

California Supreme Court Oct 11, 1883Published

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Holding. The court held that it was error to grant letters of administration to a creditor based on a request from a non-resident heir when a public administrator had also petitioned for the letters.

Issues

Whether a creditor is entitled to letters of administration based on a request from a non-resident heir when a public administrator has also petitioned for the letters.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“The court made an order that letters issue to Evans, and from this order Cutler appealed. This was error.”

“The order is reversed and the cause is remanded for further proceedings.”

Synopsis

Appeal from an order of the Superior Court of Los Angeles County granting letters of administration.

The facts are stated in the opinion of the court.

Per Curiam. L. A. Evans petitioned, as creditor, for letters of administration. M. P. Cutler petitioned for letters as public administrator. The petitions were heard together, and on the hearing the said Evans produced a written request from the father and heir of the estate that letters be granted to him, Evans. The father was a non-resident of this State. The court made an order that letters issue to Evans, and from this order Cutler appealed.

This was error. (See §§ 1369 and 1379, Code Civ. Proc.; also Estate of Cotter, 54 Cal. 217; Estate of Kelly, 57 Cal. 81; Estate of Morgan, 53 Cal. 245; Estate of Beech, 63 Cal. 458.)

The order is reversed and the cause is remanded for further proceedings.

Estate of Hyde

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