Estate of Riddle

California Superior Court, San Francisco County

Estate of Riddle

1 Coffey 215

CourtSuperior Court of California, County of San Francisco

DecidedApril 27, 1885

DocketNo. 1,209

StatusPublished

This text of 1 Coffey 215 (Estate of Riddle) 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 Riddle, 1 Coffey 215 (Cal. Super. Ct. 1885).

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Opinion

COFFEY, J.

1. There is no petition on file here signed by David McClure or by his counsel. Grace Biddle’s application that David McClure be appointed is not sufficient, as the person to whom letters are issued must apply by his own petition, signed by himself or his counsel: Code Civ. Proc., secs. 1371, 1374.

The order of June 8, 1883, had no proper basis as required by the foregoing cited sections, and it must fall.

2. An additional bond should have been provided for in the order of sale of the real "estate: Code Civ. Proc., sec. 1389.

The objections to the confirmation of the sale are sustained; they cannot now be cured by amendment; there being no petition, there is nothing to amend.

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COFFEY, J.

1. There is no petition on file here signed by David McClure or by his counsel. Grace Biddle’s application that David McClure be appointed is not sufficient, as the person to whom letters are issued must apply by his own petition, signed by himself or his counsel: Code Civ. Proc., secs. 1371, 1374.

The order of June 8, 1883, had no proper basis as required by the foregoing cited sections, and it must fall.

2. An additional bond should have been provided for in the order of sale of the real "estate: Code Civ. Proc., sec. 1389.

The objections to the confirmation of the sale are sustained; they cannot now be cured by amendment; there being no petition, there is nothing to amend.

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Bluebook (online)

1 Coffey 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-riddle-calsuppctsf-1885.