Estate of Devoe

1 Myrick 6
CourtSuperior Court of California, County of San Francisco
DecidedJuly 1, 1872
DocketNo. 3399
StatusPublished

This text of 1 Myrick 6 (Estate of Devoe) is published on Counsel Stack Legal Research, covering Superior Court of California, County of San Francisco primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Devoe, 1 Myrick 6 (Cal. Super. Ct. 1872).

Opinion

The testator left him surviving a wife, an infant son, and a son by a former wife. The elder son is executor. Upon the hearing of the probate of the will an attorney was appointed by the Court to represent the infant son. The wife and the attorney for the infant son filed a contest. The con[7]*7test was withdrawn by stipulation, and the wife and the attorney consented that the will should be admitted; and the Court admitted the will. Within a year a general guardian was appointed for the infant, who filed a contest and a petition to revoke the probate. The elder son objected to' the. petition.

Held, an attorney appointed by the Court cannot waive any right of his ward: the infant was not bound by the acts of the attorney. Objection overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
1 Myrick 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-devoe-calsuppctsf-1872.