People ex rel. Overton v. Atterbury (1872) · DecisionDepot

People ex rel. Overton v. Atterbury

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

California Supreme Court Oct 17, 1872 No. No. 3187Published

Before: Belcher, Crockett, Niles, Rhodes, Wallace

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Holding. The court dismissed the appeal because the legislature passed a special act removing the heirs' disability of alienage and releasing the state's interest in the estate.

Issues

Whether the state's claim to the estate of Thomas Spriggs remains valid following legislative action removing the heirs' disability of alienage.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“It is therefore ordered that the appeal be dismissed.”

Synopsis

APPEAL from Fourth Judicial District, San Francisco County.

BELCHER, J. — This action was commenced by the attorney general for the purpose of having it determined that certain property belonging to the estate of Thomas Spriggs, deceased, had escheated to the state.

After the case was brought to this court the legislature, by a special act (Acts 1871-72, p. 621), removed the disability [761]by reason of alienage of the heirs or next of kin of Thomas Spriggs to inherit his estate, and released to them “all the right, title and interest that the- state of California has or may have in or to said estate or any part thereof.”

It is therefore ordered that the appeal be dismissed.

We concur: Crockett, J.; Niles, J.; Rhodes, J.; Wallace, C. J.

People ex rel. Overton v. Atterbury

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