In Re Estate of King

California Court of Appeal

In Re Estate of King

184 P. 964, 43 Cal. App. 307, 1919 Cal. App. LEXIS 763

CourtCalifornia Court of Appeal

DecidedSeptember 18, 1919

DocketCiv. No. 2910.

StatusPublished

Cited by3 cases

This text of 184 P. 964 (In Re Estate of King) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Estate of King, 184 P. 964, 43 Cal. App. 307, 1919 Cal. App. LEXIS 763 (Cal. Ct. App. 1919).

Pincite

Opinion

BRITTAIN,

While Phebe R. King, aged eighty-three, was living with one of her sons, other children petitioned for the appointment of a guardian, alleging she was incompetent and subject to fraud, which they further alleged was being practiced upon her. The petition was denied. [1] The appeal was based wholly on the claimed insufficiency of the evidence to support the findings that she was not incompetent and that no fraud had been practiced. The evidence was conflicting and enough appeared to support the findings. In such a case the judgment will be affirmed. (Matter of Daniels, 140 Cal. 335-337, [73 Pac. 1053].)

[2] Wdien the matter was called for argument a letter from counsel for the- appellants was presented. It contained a statement that Mrs. King had died pending the appeal, and asked that the matter be submitted. If the statement in the letter was sufficient as a suggestion of death, the ordinary course would be to dismiss the appeal. The effect of such a dismissal would be the same as an affirmance of the judgment.

The judgment is affirmed.

Langdon, P. J., and Nourse, J., concurred.

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

BRITTAIN,

While Phebe R. King, aged eighty-three, was living with one of her sons, other children petitioned for the appointment of a guardian, alleging she was incompetent and subject to fraud, which they further alleged was being practiced upon her. The petition was denied. [1] The appeal was based wholly on the claimed insufficiency of the evidence to support the findings that she was not incompetent and that no fraud had been practiced. The evidence was conflicting and enough appeared to support the findings. In such a case the judgment will be affirmed. (Matter of Daniels, 140 Cal. 335-337, [73 Pac. 1053].)

[2] Wdien the matter was called for argument a letter from counsel for the- appellants was presented. It contained a statement that Mrs. King had died pending the appeal, and asked that the matter be submitted. If the statement in the letter was sufficient as a suggestion of death, the ordinary course would be to dismiss the appeal. The effect of such a dismissal would be the same as an affirmance of the judgment.

The judgment is affirmed.

Langdon, P. J., and Nourse, J., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

184 P. 964, 43 Cal. App. 307, 1919 Cal. App. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-king-calctapp-1919.

Opinion

Related

Cite This Page — Counsel Stack