Matter of the Estate of Whalen

California Supreme Court

Matter of the Estate of Whalen

140 P. 12, 167 Cal. 797, 1914 Cal. LEXIS 536

CourtCalifornia Supreme Court

DecidedMarch 24, 1914

DocketSac. No. 2130.

StatusPublished

This text of 140 P. 12 (Matter of the Estate of Whalen) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of the Estate of Whalen, 140 P. 12, 167 Cal. 797, 1914 Cal. LEXIS 536 (Cal. 1914).

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Opinion

This is an appeal by the public administrator of San Joaquin County from an order of the superior court of San Joaquin County denying his petition for letters of administration in the estate of Ellen Roach Whalen. It differs from the matter of Estate ofHorman (Sac. No. 2131), ante, p. 473, [140 P. 11], this day decided, only in the fact that Mrs. Whalen was the sister of George Roach, deceased, while Mrs. Horman was his niece, and in the circumstance that Mrs. Whalen died before her heirs began the proceeding to establish their interest in their uncle's estate. There is no difference in principle between the two cases. Therefore upon the authority of Estate of Horman, we affirm the order from which the appeal was prosecuted. *Page 798

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This is an appeal by the public administrator of San Joaquin County from an order of the superior court of San Joaquin County denying his petition for letters of administration in the estate of Ellen Roach Whalen. It differs from the matter of Estate ofHorman (Sac. No. 2131), ante, p. 473, [140 P. 11], this day decided, only in the fact that Mrs. Whalen was the sister of George Roach, deceased, while Mrs. Horman was his niece, and in the circumstance that Mrs. Whalen died before her heirs began the proceeding to establish their interest in their uncle's estate. There is no difference in principle between the two cases. Therefore upon the authority of Estate of Horman, we affirm the order from which the appeal was prosecuted. *Page 798

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140 P. 12, 167 Cal. 797, 1914 Cal. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-the-estate-of-whalen-cal-1914.

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