Blackwell v. Superior Court of Stanislaus Cty. (1921) · DecisionDepot

Blackwell v. Superior Court of Stanislaus Cty.

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

California Supreme Court May 2, 1921 No. Sac. No. 3257Published

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Holding. An order granting letters of administration constitutes a binding adjudication of the deceased's residence that precludes a different court from proceeding with the probate of a will for the same estate.

Issues

Whether an order granting letters of administration is a binding adjudication of the deceased's residence for all purposes of estate administration.

Disposition. Denied

Quotations verified verbatim against the opinion

“the order of the superior court of San Joaquin County, granting letters of administration, was an adjudication of the fact of residence of the deceased in that county, binding upon the whole world”

Synopsis

APPLICATION for a Writ of Mandamus directed to the Superior Court of Stanislaus County to compel respondent to proceed with the probate of a will. Writ denied.

The facts are stated in the opinion of the court.

THE COURT. [1] The court is of the opinion that under the well-settled law of this state the order of the superior court of San Joaquin County, granting letters of administration, was an adjudication of the fact of residence of the deceased in that county, binding upon the whole world, unless vacated or set aside on direct attach, for all the purposes of the administration of the estate of the deceased, including the probate of any subsequently produced will.

The application for a writ of mandate to compel the superior court of Stanislaus County to proceed in the matter of the alleged will of the deceased is, therefore, denied.

All the Justices concurred.

Blackwell v. Superior Court of Stanislaus Cty.

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