Buckley v. Superior Court of San Francisco

Citations

• 102 Cal. 6
• 36 P. 360
• 1894 Cal. LEXIS 593

Syllabus

<p>Estates oe Deceased Persons—Tenancy in Common—Partition—Jurisdiction oe Probate Court—Prohibition.-—The probate court has no jurisdiction to make partition among the heirs of a decedent of an undivided interest in real property owned by the decedent as a tenant in common with strangers not parties to the probate proceedings, and a writ of prohibition will be issued to prevent such a partition.</p> <p>Id.—Probate Jurisdiction Statutory.—Proceedings for the administration of the estates of deceased persons and for their distribution are purely statutory; and the court, while sitting as a court of probate, has no other powers than those given it by the statute, and such incidental powers as pertain to it for the purpose of enabling it to exercise the jurisdiction conferred upon it.</p> <p>Id.—Disputes Between Heirs and Strangers.—The probate court has no power to determine disputes between heirs or devisees and strangers as to the title to property.</p> <p>Id.—Partition, When Allowable in Probate.—Partitions cannot be made in probate unless the interest of the decedent is an estate in severalty; and the authority to make partition in certain cases of joint tenancy must he confined to a single estate which was the property of the decedent.</p> <p>Id.—Jurisdiction oe Undivided Interests.-—The grant of jurisdiction to the probate court of all undivided interests does not intrust the court with power to make partition or allotment of property in which strangers have an interest.</p> <p>Id.—Partition in Connection With Distribution—Time for Filing Petition—Mandatory Statute—Jurisdiction.—In the cases where partition is allowable in connection with the distribution of an estate, under sections 1675 and 1676 of the Code of Civil Procedure, the provision of 1676 that “the petition maybe filed,” etc., “and notice given at any time before the order or decree of distribution, ” is not merely permissive, but mandatory; and unless the jurisdiction to make partition after the dec