In re the Estate of Burton (1892) · DecisionDepot

In re the Estate of Burton

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

California Supreme Court Feb 20, 1892 No. No. 14450Published

Before: Vanclief

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Holding. Section 1664 of the Code of Civil Procedure authorizes the superior court to determine the rights of persons claiming an interest in an estate through heirs or devisees, and this process is a constitutional exercise of the court's probate jurisdiction.

Issues

Does Section 1664 of the Code of Civil Procedure authorize the court to determine the rights of persons who have purchased the interest of an heir or devisee?
Is Section 1664 of the Code of Civil Procedure unconstitutional for conferring jurisdiction over the rights of assignees upon the superior court while sitting in probate?

Disposition. affirmed

Synopsis

Appeal from a judgment of the Superior Court of San Diego County.

The facts are stated in the opinion.

Vanclief, C. —This is a proceeding initiated by the petition of Maggie Leach, as executrix and sole devisee [460]of the will of Wallace Leach, deceased, under section 1664 of the Code of Civil Procedure, praying the court to ascertain and declare the rights of all persons to the estate of Henry S. Burton, deceased, and to determine to whom distribution thereof should be made. In due course of the proceeding, the petitioner filed her complaint, alleging that she had succeeded to the title of the heirs of Henry S. Burton in and to a tract of land containing 8,925 acres situate in the county of San Diego, known as “ Rancho Jamul,” subject to administration and to the homestead of the widow of the deceased, and praying that it may be so determined, and that distribution of the estate be made to her.

The heirs of Henry S. Burton, deceased, who appeared, and by answer denied the alleged right of petitioner, were Maria A. Burton, the widow of deceased, Nellie De Pedrorena and Henry H. Burton, the children of deceased, and Elizabeth Lull Cochrane and Richard Swann Lull, the grandchildren of deceased.

The court found that five sixths of the Rancho Jamul had descended to Maria A. Burton, Nellie De Pedrorena, and Henry H. Burton, as heirs of Henry S. Burton, deceased, and that through the foreclosure of a mortgage executed by these heirs, the plaintiff, Maggie Leach, as executrix of the will of Wallace Leach, deceased, and as sole devisee, has succeeded to and is the owner of all their rights as such heirs in and to the Rancho Jamul; and decreed that upon final distribution five sixths of said rancho, less the homestead, be distributed to her, and that the remaining one sixth be distributed to the two grandchildren above named. •

From this decree, Maria A. Burton, Henry H. Burton, and Nellie De Pedrorena bring this appeal upon the judgment roll, and without any bill of exceptions.

It is contended by counsel for appellants that section 1664 of the Code of Civil Procedure does not authorize the superior court to ascertain and declare the rights or interests of others than the heirs of an intestate, and .the devisees and legatees by will; and that one who has [461]

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The proceeding provided by section 1664 of the Code of Civil Procedure is a special proceeding {Smith v. Westerfield, 88 Cal. 374), and is embraced within the scope of “matters of probate,”—as clearly so as is the proceeding for the sale of real property to pay debts of an estate. The objects of probate proceedings are to administer, settle, and distribute the' estates of deceased persons. They are commenced by petition for letters of administration or for the probate of wills, and they are closed by a decree distributing “ the residue of the estate in the hands of the executor or administrator, if any, among the persons who by law are entitled thereto” (Code Civ. Proc., sec. 1665), and an order discharging the executor or administrator, but who cannot be discharged from his trust until he has “ delivered up, under the order of the court [order of distribution], all the property of the estate to the parties entitled.” (Sec. 1697.) It will not be denied that the decree of distribution and the order discharging the executor or administrator are within the scope of “ matters of probate,” in the sense of the constitution, from which it necessarily follows that the court must have the incidental power/ in some mode, to ascertain and determine who are entitled, as distributees, to the residue of the estate, even though such determination should involve a question as to title or possession of real property; and I see no objection, on constitutional grounds, to the mode provided by section 1664 of the Code of Civil Procedure. The superior court, while sitting in matters of probate, is the same as it is while sitting in cases in equity, in cases at law, or in special proceedings; and when it has jurisdiction of the subject-matter of a case falling within either of these classes, it [464]has power to hear and determine, in the mode provided by law, all questions of law and fact the determination of which is ancillary to a proper judgment in such case. This is an incidental power pertaining “ to all courts, for the purpose of enabling them to exercise the jurisdiction which is conferred upon them.” (Smith v. Westerfield, 88 Cal. 374.) It is true, however, that in special proceedings the court must exercise its jurisdiction, substantially at least, in the mode prescribed by the statute authorizing the proceeding; but in this case it is not questioned that the court did so. The statute (section 1664) expressly authorizes and requires the court to determine “ the heirship to the deceased, the ownership of his estate, and the interest of each respective claimant thereto or therein ” which is not claimed adversely to the estate. This certainly includes the “ ownership ” of grantees of the heirs, and all those who are “ claimants ” through the heirs. All such are required to be cited to appear and to plead “ the facts constituting their claim of heirship, ownership, or interest in said estate ”; and it further provides that evidence shall be received in support of all issues made by the pleadings. The proceeding thus authorized expressly and necessarily involves questions to the title to the property of the estate, whether real or personal. How is the court to exercise the jurisdiction given without trying and determining such questions?

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