In re the Estate of Depeaux (1897) · DecisionDepot

In re the Estate of Depeaux

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

California Supreme Court Sep 15, 1897 No. S. F. No. 825Published

Before: Fleet, Garoutte, Harrison

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Holding. The court affirmed the order denying letters of administration because the appellant failed to provide a bill of exceptions specifying the insufficiency of the evidence to justify the decision.

Issues

Whether the appellate court can review an order denying letters of administration when the record lacks a specification of insufficiency of evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The order is general in terms, implying a finding against petitioner upon all the material allegations of the petition, and there is in the bill of exceptions no specification of insufficiency of the evidence to justify the decision.”

Synopsis

APPEAL from an order of the Superior Court of Santa Cruz County refusing letters of administration. J. H. Logan, Judge.

The facts are stated in the opinion of the court.

VAN FLEET, J. Appeal from an order refusing a grant of letters of administration upon the estate of deceased to appellant.

The record presented by appellant does not enable us to review the order of the court below in denying the application for letters. The order is general in terms, implying a finding against petitioner upon all the material allegations of the petition, and there is in the bill of exceptions no specification of insufficiency of the evidence to justify the decision. We are therefore precluded from looking into the evidence to ascertain its sufficiency; to sustain the order. (Winterburn v. Chambers, 91 Cal. 170, 185.)

Order affirmed.

Harrison, J., and Garoutte, J., concurred'.

In re the Estate of Depeaux

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